Duke Energy and Dominion Resources want to build the 600-mile Atlantic Coast Pipeline to bring natural gas from fracking fields in West Virginia and Pennsylvania to power plants in North Carolina.
The project is part of a major shift to make gas “the backbone” of Duke Energy’s future, according to Duke’s current CEO Lynn Good.
Most permits for the pipeline have been granted, but several are held up by court challenges.
Other groups working against the ACP include Southern Environmental Law Center, the Alliance to Protect Our People And The Places We Live (APPPL), Frack Free NC, Blue Ridge Environmental Defense League and a coalition of Virginia organizations including the Allegheny Blue Ridge Alliance.
In May 2018, NC WARN attorneys and a dozen other environmental justice groups filed a Title VI complaint with the EPA alleging that NC regulators discriminated on the basis of race and income level in issuing permits and certifications to the ACP as part of the permitting process. Read the press summary, the full complaint and the June 7 supplement.
- Overview flyer
- Overview flyer with footnotes
- Climate effects flyer
- Supply problems flyer
- Supply problems flyer with footnotes
- Title VI complaint
- Title VI supplement
- Other legal filings
- Robeson Rises film
- Briefing by Oil Change International
- OCI factsheet
- Allegheny Blueridge Alliance factsheet
- Map of pending pipeline projects
What has happened so far
The ACP was required to receive permits from the Federal Energy Regulatory Commission (FERC) and the state’s Department of Environmental Quality (DEQ). The permits have been issued but the project is still being challenged in court. Here’s a timeline with links to more information:
- In March 2016, NC WARN sent FERC a letter pointing out that even the agency’s own outgoing Administrator, Norman Bay, recommended re-evaluation of natural gas pipeline projects that take into account not only immediate need but also long-term need, “upstream” environmental effects in the fracking fields and “downstream” effects on greenhouse gas emissions.
- In April 2016, NC WARN petitioned FERC to accept us as a party in the legal case over the ACP.
- In September 2016, the DEQ delayed two permits (water quality and erosion and sediment control), asking the developers for more documentation.
- On December 30, 2016, FERC released its Draft Environmental Impact Statement (DEIS).
- On April 7, 2017, NC WARN filed comments on FERC’s DEIS on behalf of 20 nonprofit organizations. On October 9, 2017, we filed a motion on behalf of the same groups calling on FERC to supplement the DEIS based on a DC District Court of Appeals ruling on a Florida pipeline that a DEIS must examine greenhouse gases, and on an Associated Press story that the pipeline developers plan to extend the ACP into South Carolina.
- On November 13, 2017, a broad alliance of public interest groups called for the ACP’s federal approval to be suspended until the courts consider the case and three North Carolina state agencies rule on broad areas of information that are either missing or which disqualify the project outright. The challenge, led by NC WARN attorney John Runkle, charges that FERC made a mockery of legal requirements by allowing the $6 billion pipeline’s developers, Duke Energy and Dominion Resources, to supplement their application 18 times – with thousands of pages of technical documents on critical issues – even after the public comment period ended, and despite repeated protests by NC WARN and others.
- In November 2017, the News & Observer editorial board came out against the ACP and published a half-page of passionate letters in opposition to the pipeline.
- In January 2018, Governor Cooper approved the ACP. This decision is a loser for the people of eastern North Carolina, their economy and the urgent fight to slow climate change.
- On February 23, 2018, on behalf of 19 public interest groups, John Runkle filed to join Southern Environmental Law Center’s (SELC) appeal in federal court. We will focus particularly on the ACP’s environmental injustices including impacts on families and communities along the route, environmental and health impacts from the construction and operation of the pipeline and its cumulative impacts, including the worsening climate crisis.
- In May 2018, NC WARN attorneys and a dozen other environmental justice groups filed a Title VI complaint with the EPA alleging that NC regulators discriminated on the basis of race and income level in issuing permits and certifications to the ACP as part of the permitting process. Read the press summary, the full complaint and the June 7 supplement.
- On August 6, 2018, a federal appeals court threw out some of the construction permits that had been issued for the ACP and warned developers to stop construction. The case was brought by the Southern Environmental Law Center.
Citizen groups filed another lawsuit against the Atlantic Coast Pipeline Thursday, this time taking direct aim at the federal certificate that undergirds all other permits for the complex interstate gas project. SEE ALL Atlantic Coast Pipeline POSTS
A federal appeals court on Monday threw out construction certificates for the Atlantic Coast Pipeline, likely halting work on the $6 billion project planned by major Southeastern utilities. SEE ALL Atlantic Coast Pipeline POSTS