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What is sure is that the resilient community fight that has delayed the pipeline for so long, highlighting the climatic, ecological, and safety flaws of the MVP, will continue.
June 1, 2024, the grand opening day, came and went—but nothing actually happened. It was the latest of many proposed start dates that have come and gone over the years.
The highly controversial Mountain Valley Pipeline (MVP) was meant to start a year ago, then last month, and finally, on June 1. Again, that deadline was missed.
The company behind the fracked gas pipeline, Equitrans Midstream Partners (EQM), is still burying sections of it, while testing other sections. Problems persist, as they have done for years. Last week, local news reported that more pipeline “anomalies” have been discovered, with tests of MVP pointing to over 130 “potential problems” that “required additional analysis.”
The fight against the MVP is a classic environmental justice fight, with the pipeline route running directly through forests and people’s property, including low-income communities in West Virginia and Virginia.
Meanwhile, MVP continues to face significant and fierce opposition from local residents who vehemently oppose the $7.85 billion pipeline. Stretching 303 miles from West Virginia to southern Virginia, the project has been met with mounting resistance, further contributing to its delays.
And so, yet again, the grand opening of this explosive and destructive pipeline will have to wait.
The delays mean that not only has the pipeline not been formally opened yet, but its start date—known as the “in-service date”—is still unknown. It may be days, weeks, or even months. It may be never finished, billions of stranded assets poured into a failed pipeline.
Regardless, the dogged, determined, and courageous community fight against the pipeline continues to this day, a testament to the resilience and unwavering spirit of Appalachian communities opposing this fracked gas disaster.
The Federal Energy Regulatory Commission, also known as FERC, gave the MVP a green light in October 2017. Since then, frontline communities and civil society have led years of spirited resistance and bitter legal fights that have long delayed the project.
Of course, the fossil fuel company behind this disaster wants to rush the job as soon as possible and ram it through, failed tests and pending legal issues be damned. While Equitrans has pushed for a series of unachievable in-service dates to please its shareholders, the community and many others think otherwise.
“I’m asking you to please deny their rush for [an in-] service date,” one local Virginia resident and community organizer with Protect Our Water Heritage and Rights (POWHR), Crystal Mello, wrote to federal regulators just over a week ago. Mello and others are demanding that the regulator “go slow” with a final decision to allow the MVP to start operating.
In April, several conservation groups filed a petition in the U.S. Court of Appeals for the D.C. Circuit challenging FERC’s decision to extend a Certificate of Public Convenience and Necessity for MVP. At the time, Caroline Hansley, Sierra Club’s Senior Field Organizer, said, “The time to build more dirty and dangerous pipelines is over.”
The company had already tried to get the in-service agreement for late May but had failed. At the time, Jessica Sims, the Virginia field coordinator for Appalachian Voices, said, “MVP brazenly asks for this authorization while simultaneously notifying FERC that the company has completed less than two-thirds of the project to final restoration and with the mere promise that it will notify the commission when it fully complies with the requirements of a consent decree it entered into with the Pipeline and Hazardous Materials Safety Administration last fall.”
Meanwhile, the spirited resistance continues, including direct action. Late last month, a protester was arrested for blocking construction access to the pipeline. This follows many other such protests in recent weeks and months.
Back in March, in a week-long series of actions, one young activist spent nearly 36 hours inside the pipeline. Two other pipeline resistors—aged 81 and 63—locked themselves to a broken-down vehicle for over nine hours. Their banners read “Doom to the Mountain Valley Pipeline,” “Water is Life,” and “From the River to the Sea, Gaza to Wounded Knee.” On the same day, seven others were arrested. Other activists locked themselves to a drill for more than eight hours.
The company’s response has been to launch multiple draconian lawsuits, leading to the accusation that these are SLAPPS—Strategic Lawsuits Against Public Participation—designed to silence people into not protesting.
Meanwhile, according to Inside Climate News, some demonstrators have been threatened with domestic terrorism charges and others with felonies, including felony kidnapping, allegedly for holding up a work vehicle while a worker was inside. On March 4, several protesters said that police drew guns while chasing them.
The fight against the MVP is a classic environmental justice fight, with the pipeline route running directly through forests and people’s property, including low-income communities in West Virginia and Virginia. It will carve a permanent 50-foot-wide strip of land around the pipeline, permanently scarring the landscape.
In this rural area of the United States, MVP has also invoked the legal doctrine of “eminent domain”—traditionally used by the government to seize property for public projects—to take property from about 300 landowners in Southwest Virginia for a private venture. Local lands are at risk of a large catastrophic accident which could lead to damages up to $1 billion.
The battle to #StopMVP is also a climate fight. As Oil Change International and Bold Alliance pointed out in 2017, the greenhouse gas pollution from the MVP would be “very substantial,” responsible for an estimated 90 million metric tons of annual emissions, or the equivalent of 26 average U.S. coal plants.
Safety concerns, including pollution and explosions, are also a major issue with MVP. In early May, a section of the pipeline ruptured while being tested, drastically increasing community concerns. According to Protect Our Water, Heritage, Rights (POWHR), a locally rooted group opposing the pipeline, the breach heightened concerns about public safety and discharged significant pollution to local water sources.
“The earth-shattering disasters MVP continues to cause on the methane gas pipeline route are a terrifying forecast for the future of people and planet if FERC allows it to go into service,” said Russell Chisholm, POWHR co-director. “We have warned regulatory officials that MVP is a reckless company tossing corroding pipes into landslide-prone mountain slopes in a rush to meet its contract obligations. It is past time for our safety to come first.” Chisholm calls the completion of the pipeline his worst nightmare.
In response to the egregiously failed test, the local Montgomery County Board of Supervisors urged FERC to “deny Mountain Valley Pipeline’s in-service request until all safety requirements of Pipeline and Hazardous Materials Safety Administration consent decree have been complied with.” The Board added, “The safety of all our residents is of the utmost importance to us.”
Another local body, the Roanoke County Board of Supervisors, spoke out publicly. Speaking for the Board, County Administrator Richard Caywood said, “This rather dramatic pipe failure has caused a great deal of concern among our residents who live in the area and who appropriately ask: What if the pipe failed with gas rather than water?”
More recently, a large sinkhole has re-appeared in the ground near the pipeline, raising concerns that a slow leak could be leading to soil destabilization. “You would think that they would want to come out and examine it and see what’s going on rather than just covering it up,” said pipeline opponent and concerned resident Bob Peckman.
As local residents warned years ago when the project was initially proposed, the pipeline’s topography is a massive obstacle to safe construction and operation. The clue is in the name: mountain. It passes steep mountainous terrain, traversing ecologically sensitive land, including national forest, and routes under the Blue Ridge Parkway and the Appalachian Trail.
Over two-thirds of the terrain along the project’s route through West Virginia and Southwest Virginia is susceptible to landslides. Pipeline opponents say the rugged terrain poses multiple dangers, both during construction and when the pipeline carries gas along steep slopes susceptible to landslides.
The Virginia Department of Environmental Quality has cited MVP for causing over 300 violations of erosion and sedimentation control regulations. In 2019, the department fined MVP $2.15 million, resolving a lawsuit both the agency and former Virginia attorney general had filed alleging the company violated a previously issued water quality certification by not controlling sediment and stormwater runoff.
The West Virginia Department of Environmental Protection has also fined MVP a combined $569,000 in 2019 and 2021 for erosion and sedimentation issues. There is also an ongoing legal dispute over a safety incident that led to one worker being hospitalized and one of MVP’s contractors being fined.
The MVP may finally open one day, posing a lethal safety risk every day it operates, pumping fracked gas to exacerbate our climate crisis. It may yet stand idle: a stranded relic to the greed and ignorance of the fossil fuel industry and its allies.
What is sure, though, is that the resilient community fight that has delayed the pipeline for so long, highlighting the climatic, ecological, and safety flaws of the MVP, will continue. There are new chapters of the MVP fight to be written. There will be new stories of heroic community resistance to be told.
"The time to build more dirty and dangerous pipelines is over," said one environmental campaigner.
Environmental defenders on Tuesday ripped the company behind the Mountain Valley Pipeline for asking the federal government—on Earth Day—for permission to start sending methane gas through the 303-mile conduit despite a worsening climate emergency caused largely by burning fossil fuels.
Mountain Valley Pipeline LLC sent a letter Monday to Federal Energy Regulatory Commission (FERC) Acting Secretary Debbie-Anne Reese seeking final permission to begin operation on the MVP next month, even while acknowledging that much of the Virginia portion of the pipeline route remains unfinished and developers have yet to fully comply with safety requirements.
"In a manner typical of its ongoing disrespect for the environment, Mountain Valley Pipeline marked Earth Day by asking FERC for authorization to place its dangerous, unnecessary pipeline into service in late May," said Jessica Sims, the Virginia field coordinator for Appalachian Voices.
"MVP brazenly asks for this authorization while simultaneously notifying FERC that the company has completed less than two-thirds of the project to final restoration and with the mere promise that it will notify the commission when it fully complies with the requirements of a consent decree it entered into with the Pipeline and Hazardous Materials Safety Administration last fall," she continued.
"Requesting an in-service decision by May 23 leaves the company very little time to implement the safety measures required by its agreement with PHMSA," Sims added. "There is no rush, other than to satisfy MVP's capacity customers' contracts—a situation of the company's own making. We remain deeply concerned about the construction methods and the safety of communities along the route of MVP."
Russell Chisholm, co-director of the Protect Our Water, Heritage, Rights (POWHR) Coalition—which called MVP's request "reckless and impossible"—said in a statement that "we are watching our worst nightmare unfold in real-time: The reckless MVP is barreling towards completion."
"During construction, MVP has contaminated our water sources, destroyed our streams, and split the earth beneath our homes. Now they want to run methane gas through their degraded pipes and shoddy work," Chisholm added. "The MVP is a glaring human rights violation that is indicative of the widespread failures of our government to act on the climate crisis in service of the fossil fuel industry."
POWHR and activists representing frontline communities affected by the pipeline are set to take part in a May 8 demonstration outside project financier Bank of America's headquarters in Charlotte, North Carolina.
Appalachian Voices noted that MVP's request comes days before pipeline developer Equitrans Midstream is set to release its 2024 first-quarter earnings information on April 30.
MVP is set to traverse much of Virginia and West Virginia, with the Southgate extension running into North Carolina. Outgoing U.S. Sen. Joe Manchin (D-W.Va.) and other pipeline proponents fought to include expedited construction of the project in the debt ceiling deal negotiated between President Joe Biden and congressional Republicans last year.
On Monday, climate and environmental defenders also petitioned the U.S. Court of Appeals for the D.C. Circuit, challenging FERC's approval of the MVP's planned Southgate extension, contending that the project is so different from original plans that the government's previous assent is now irrelevant.
"Federal, state, and local elected officials have spoken out against this unneeded proposal to ship more methane gas into North Carolina," said Sierra Club senior field organizer Caroline Hansley. "The time to build more dirty and dangerous pipelines is over. After MVP Southgate requested a time extension for a project that it no longer plans to construct, it should be sent back to the drawing board for this newly proposed project."
David Sligh, conservation director at Wild Virginia, said: "Approving the Southgate project is irresponsible. This project will pose the same kinds of threats of damage to the environment and the people along its path as we have seen caused by the Mountain Valley Pipeline during the last six years."
"FERC has again failed to protect the public interest, instead favoring a profit-making corporation," Sligh added.
Others renewed warnings about the dangers MVP poses to wildlife.
"The endangered bats, fish, mussels, and plants in this boondoggle's path of destruction deserve to be protected from killing and habitat destruction by a project that never received proper approvals in the first place," Center for Biological Diversity attorney Perrin de Jong said. "Our organization will continue fighting this terrible idea to the bitter end."
"Mountain Valley Pipeline and its Southgate extension have been poorly conceived from the beginning, but today some of the communities in harm's way can breathe easier," said one campaigner.
Frontline critics of the Mountain Valley Pipeline celebrated after Equitrans Midstream revealed Friday in a Securities and Exchange Commission filing that the distance of the proposed Southgate extension project has been cut in half.
The partially completed MVP project—long delayed by legal battles until congressional Republicans and President Joe Biden included language to fast-track it in a debt limit deal earlier this year—is set to cross 303 miles of Virginia and West Virginia.
The MVP Southgate extension into North Carolina was supposed to be 75 miles, but the filing details plans for a redesigned 31-mile gas project that "would include substantially fewer water crossings and would not require a new compressor station."
Responding to the development Friday evening, Denali Nalamalapu, communications director of the Protect Our Water, Heritage, Rights Coalition, said that "despite receiving a free pass from the federal government, the MVP continues to crumble before our eyes. For nearly 10 years, communities along the route have declared this project impossible and deadly. Now, after meeting with its clients, we see further admission from MVP that they can't follow through with the foolhardy plan they set out with."
"This news is a win for the movement that will be celebrated by emboldened resistance in the new year."
"This news is a hard-won movement victory: Fewer people will be harmed now that the Southgate extension plan has been halved," she stressed. "The MVP has always known it poses a horrific danger to the communities along the route—but their bottom line takes priority."
"With this new plan, the company admits that fewer waterways will be harmed and a compressor station will be avoided, gesturing towards the devastating water pollution, air pollution, and health impacts it will and has caused," she added. "This news is a win for the movement that will be celebrated by emboldened resistance in the new year."
Appalachian Voices Virginia field coordinator Jessica Sims also welcomed the news as a win for communities on the frontlines of the climate-wrecking gas project.
"Mountain Valley Pipeline and its Southgate extension have been poorly conceived from the beginning, but today some of the communities in harm's way can breathe easier," Sims said Saturday. "We know these changes resulted from sustained opposition to this unnecessary methane gas pipeline and its Southgate extension, and our opposition continues."
The new Equitrans Midstream filing follows a pair of Federal Energy Regulatory Commission (FERC) orders last week, one that allows MVP to raise gas transportation rates and another that extends the timeline to build the extension.
"The recent decision by FERC to extend Southgate's federal certificate was dependent on the pipeline having a contract with another entity to buy the gas," Appalachian Voices North Carolina program manager Ridge Graham noted Saturday.
"With a wholly new project that requires an 'open season' to find customers," Graham argued, "FERC should cancel the original Southgate Certificate of Public Convenience and Necessity and send the developers back to the drawing board."
With MVP opponents "facing increased repression from the state and the companies behind the pipeline," another group that has spent years battling the project, Appalachians Against Pipelines, is calling for solidarity actions across the United States January 29-31 "to bring the fight to every company and bank involved."
"We are extremely disappointed but never surprised by the results of a system created for profit," said one campaigner. "We will never give up on defending our lives, and the natural environment that makes life possible."
Frontline climate campaigners renewed pledges to continue fighting against the Mountain Valley Pipeline on Tuesday, when U.S. federal regulators decided that MVP could raise its gas transportation rates and have more time to build an extension.
"The federal government claims to recognize the urgency of the climate crisis while allowing the fossil fuel industry to further it,"
said Russell Chisholm, managing director of the Protect Our Water, Heritage, Rights Coalition, in response to the pair of Federal Energy Regulatory Commission (FERC) orders.
"During the past decade of repeated delay, budget increase, and environmental violation, thousands have resisted the reckless Mountain Valley Pipeline and its Southgate extension, and we are never going away," he vowed. "Our resistance is the fossil fuel industry's greatest nightmare; we are only growing more powerful."
"FERC's decision to extend MVP Southgate's certificate of 'public need'... is a crime against us and future generations."
MVP is set to cross 303 miles of Virginia and West Virginia, plus the Southgate extension into North Carolina. Largely thanks to outgoing U.S. Sen. Joe Manchin (D-W.Va.), language to expedite construction of the partially completed gas pipeline was included in the debt ceiling law that President Joe Biden negotiated with congressional Republicans this year.
The new FERC order allowing the rate hikes—which critics worry will be passed on to customers—notes that MVP now estimates construction will cost over $6.6 billion, rather than the earlier estimate of $3.7 billion. It also says that MVP, a
joint venture involving five energy companies, "asserts that the primary drivers of the increased costs were permitting delays caused by ongoing legal challenges to the project, which have persisted since construction began in early 2018."
Jessica Sims, Appalachian Voices ' Virginia field coordinator, responded that "the Mountain Valley Pipeline's delay and ballooned construction costs are owed to the company's insufficient planning and choice of route, deficient permit applications, and lax construction practices. The resulting violations, fines, permit vacations, and consent orders are of the company's own making and they should not have been granted permission to financially pass those mistakes on to consumers."
Along with the rate order, FERC Commissioners Mark Christie, Allison Clements, and Willie Phillips approved a three-year extension for MVP to complete the North Carolina project. Commissioner James Danly did not participate in the decisions and the commission's fifth seat is vacant.
Appalachian Voices North Carolina program manager Ridge Graham called the move "appalling" while Jason Crazy Bear Keck, co-founder of 7 Directions of Service, said that "we are extremely disappointed but never surprised by the results of a system created for profit."
"FERC's decision to extend MVP Southgate's certificate of 'public need,' which subjects our streams, rivers, and community members to seizing of land and irreversible pollution, against our will, with no proof of need, is a crime against us and future generations," Keck added. "We will never give up on defending our lives, and the natural environment that makes life possible."
MVP opponents highlighted that Democratic North Carolina Gov. Roy Cooper and other elected officials from the state have spoken out against the 75-mile extension, which was initially supposed to be completed this past June.
"This project is unnecessary for North Carolinians," said Emily Sutton of the Haw River Assembly, stressing the opposition from residents and officials including Cooper. "The health and safety of our communities and the Haw River watershed should not be jeopardized for the profits of fossil fuel interests. We will continue to fight to protect the people and places we love."
As FERC released its MVP orders on Tuesday, Appalachians Against Pipelines—which has been fighting the project for over five years—said that protesters are now "facing increased repression from the state and the companies behind the pipeline" and called for solidarity actions across the United States January 29-31 "to bring the fight to every company and bank involved."
"With every work stoppage, Mountain Valley Pipeline and their state collaborators have become more and more desperate to criminalize dissent," according to the group. "MVP is suing more than 40 activists across multiple jurisdictions in central Appalachia for millions of dollars. More than 20 pipeline fighters have been arrested on a variety of charges since this summer, including ludicrous abduction felonies."
Appalachians Against Pipelines declared that "we know why state and private forces are doing this—because they are terrified of the communities we have built, the fight we are waging, and because they know that we are unafraid and that we won't back down."
The most common sentiment in each of the 23 comments at a recent public hearing was that a new proposed rule is a necessary first step, but MSHA must continue to strengthen its provisions to truly help the miners who need it most.
At 9:00 am sharp on August 10, a small phalanx of smiling, well-coiffed elderly women began herding a crowd of several dozen people into the auditorium of the National Mine Health and Safety Academy in Beckley, West Virginia. Among the crowd were former coal miners and their spouses, lawyers, pulmonologists, black lung clinic staff, environmental activists, local media, union representatives, and concerned citizens—all there to attend a public hearing for
a new proposed rule from the Mine Safety and Health Administration, or MSHA, that seeks to limit silica exposure in the nation’s coal mines to 50 micrograms per cubic meter, down from 100.
I was there too, both to document the proceedings and offer my own brief testimony. I have been following this rule’s progression since I began reporting on the black lung epidemic last year, and was thrilled to see it finally enter the public comment portion. As I found in my
recent investigation for In These Times, black lung now afflicts more than 1 in 8 coal miners in Kentucky and West Virginia who have been working underground for 20-24 years, up from one in 30 a decade ago. Younger miners—those who have spent only 15-19 years underground—are becoming sicker with pulmonary massive fibrosis, the most severe form of the disease. As I wrote then, workers in their 30s and 40s are now making their way to the same black lung clinics that served their parents and grandparents, and fighting the same battles against red tape and corporate malfeasance to win black lung benefits. And it is all completely preventable.
The hearing in Beckley was chaired by Patricia Silvey, deputy assistant secretary for operations at MSHA, and stretched for nearly four hours of comments, testimonies, personal stories, questions, and occasional pushback from the agency.
“She’ll say, ‘Nana, I wish Papaw didn’t have black lung, because he can’t get out and play with me, he can’t run with me.’”
It was the second such hearing to be held—and almost didn’t happen at all. The first hearing had taken place a week earlier, on August 3, in Arlington, Virginia, and another is being held on August 21, in
Denver, Colorado. Both those locations make logistical sense: MSHA operates a training center near Denver, and the Arlington location is both right outside Washington, D.C., and also near the United Mine Workers of America (UMWA) headquarters in nearby Triangle, Virginia. But without the addition of Beckley, the Central Appalachia communities most affected by the proposed rule—and hit the hardest by the black lung epidemic that is currently ravaging the region’s coal miners as a result of overexposure to respirable crystalline silica—would have struggled to make their voices heard during the crucial public comment period.
Beckley was hastily added to the schedule after local advocacy groups like Appalachian Voices called on MSHA to include a hearing in the region. “Many impacted workers and families are struggling financially because their family members are no longer able to work due to black lung disease, and traveling such a long distance is simply not a financial possibility,” Appalachian Voices explained in a July 10 letter to MSHA. “Other impacted workers are not physically well enough to make the roundtrip so far away.”
As it stood, many of the attendees at the August 10 hearing still had to go the extra mile to make it out. Vonda Robinson, vice president of the National Black Lung Association, and her husband John, a former miner now struggling with advanced black lung disease, drove three hours from their home near the Tennessee border. Both spoke in favor of strengthening the proposed rule to ensure that mine operators can’t cut corners with miners’ safety. Her voice strong with emotion, Vonda Robinson told the hearing room how much the disease has damaged her 57-year-old husband’s quality of life, and how badly it pains her to see younger men still being stricken with it today.
Even her five-year-old granddaughter knows that something is wrong—and has already learned how to operate her grandfather John’s oxygen tank. “She’ll say, ‘Nana, I wish Papaw didn’t have black lung, because he can’t get out and play with me, he can’t run with me,’” Robinson said. “I don’t like to see the toll that it has on the men’s lives. Now we’re looking at guys only 32 and 34 years old, getting complicated black lung, and that tells you that there’s something wrong—the coal companies are not doing what they’re saying they’re doing.”
Another retired West Virginia coal miner, Terry Lilly, had a difficult time even walking to the microphone to share his testimony. He began with an apology. “Excuse me, I have trouble breathing,” he wheezed, pausing every few words. “I’m at 40% of my lung capacity.” Lilly soldiered on, adding a grim warning. “It’s too late for me… but I’d like these young people to realize they need to wake up. One of these days you’ll be like me—you can’t walk across the parking lot.”
Petsonk outlined three major issues with the rule as it stands: that it requires no routine sampling of silica dust in mines; that it imposes no specific penalties for mines that violate silica dust limits; and that it offers no immediate protections for miners who are overexposed.
Lilly was one of several former miners who testified during the hearing; most of them already had advanced black lung, and were horrified by the knowledge that an entire new generation is facing this old evil. They were joined by advocates like attorney Sam Petsonk, a local labor and employment lawyer who has represented thousands of miners in black lung cases. In delivering the first comment of the day, Petsonk wasted no time explaining exactly why the rule is so necessary—the National Institute for Occupational Safety and Health (NIOSH) called for limits on exposure to silica dust back in 1974, but MSHA has failed to meaningfully address the issue until now—as well as the myriad ways the proposal still falls short.
Armed with a laptop and sheaf of notes, Petsonk outlined three major issues with the rule as it stands: that it requires no routine sampling of silica dust in mines; that it imposes no specific penalties for mines that violate silica dust limits; and that it offers no immediate protections for miners who are overexposed.
“A rule with no penalties is no rule at all,” Petsonk said. “The only thing that mining companies understand is money. They don’t understand or appreciate the blood and the lives of miners, because if they did, they would have protected miners willingly over the last several decades.” (Silvey, the MSHA official overseeing the hearing, responded that the rule sets a bar for operators to meet, but “does not deal with penalties.”)
Most of the other speakers agreed that the proposed rule clearly needs work. A number of miners who testified zeroed in on the rule’s overreliance on using respirators as a corrective measure in mines that are found to be noncompliant with the 50 micrograms standard. As Willie Dodson, a field coordinator for Appalachian Voices, emphasized in his testimony, it’s impractical to expect workers to strap a bulky, tight-fitting apparatus to their face for 12 hours at a time and keep it on while doing hard labor in a dark, tight space, all while needing to be able to communicate with their coworkers. (The fact that many miners wear beards, which makes it harder to maintain a good seal on protective facial coverings, underscores how flawed this solution is.)
Dr. Leonard Go, a pulmonologist at the University of Illinois and medical director for the National Coalition of Black Lung and Respiratory Disease Clinics, called respirators “an ineffective and impractical solution when dust levels are high,” comparing them to a Band-Aid that provides a false sense of security. “I as a physician cannot reasonably expect a miner to do physically harder work than I do with a tighter fitting mask than what I wear in a hospital,” Go testified.
Most speakers also shared a profound lack of trust in mine operators’ ability and willingness to perform accurate dust sampling, and were distressed that the proposed rule would allow them to self-report the silica levels they find in their mines. “I’ve got 30 years of coal mining and I know the tricks and how [mine bosses] operate,” Terry Lilly had explained. “We just need to put a stop to it, and we can save some lives.”
“I represent miners in their 30s, and 40s, and in their early 50s, who have severe progressive, massive fibrosis and silicosis, who have lost over a quarter of their lung to rock dust.”
“I look at these young miners, and their faces are black when they come home,” said William “Bolts” Willis, another retired miner. “Do I have to sample to know that they’re getting black lung? Their eyebrows are white from silica dust. We know what’s happening. Let’s do something about it—and it has to be drastic.”
“I represent miners in their 30s, and 40s, and in their early 50s, who have severe progressive, massive fibrosis and silicosis, who have lost over a quarter of their lung to rock dust,” Petsonk said. “Their lungs have turned to rock dust. They have Category B progressive massive fibrosis because of those exposures. We have a crisis. And the rule does not capture that.”
Beyond the proposed rule’s technical points, much of the testimony understandably crossed into emotional territory, but the hearing’s overall message was hopeful: People were glad to see the agency doing something to staunch the bleeding and address the public health crisis unfolding within the mines and in their living rooms.
“We old timers have already paid the price,” said John Robinson, wearing a “Black Lung Kills” T-shirt that stretched across his broad shoulders. “We’re going to die from this preventable disease. But we have got to take care of our younger guys.” His baby brother, he said, works in the mines now, and Robinson does not want him to suffer the same fate. “Until we have a rule in place that protects our miners, keeps them employed, and eliminates fear and retaliation from these operators, it won’t be enough.”
While every speaker who commented in person or via Zoom ultimately supported the rule, not a single mine operator or company representative said a word. They were there, sitting in clusters of suits with faces like thunder. They’d heard the testimony of the workers who’d made their companies rich and were now dying as a result, seen the tears glisten in old miners’ eyes as they struggled to speak, but they didn’t utter a sound. They had already made their views clear, though. When the public comment period initially opened in July, a flurry of nearly identical comments from mine operators and industry groups, including the National Mining Association, popped up on MSHA’s website, all suggesting the rule goes too far and urging the agency to prolong the comment period—and thereby delay the rule’s implementation. (MSHA announced at the Beckley hearing that they are extending the comment window, but only by 15 days; it will now end at midnight on September 11.)
While none of them apparently saw fit to attend the hearing in Central Appalachia, half a dozen mining and construction industry representatives had trooped into the first MSHA hearing in Arlington earlier this month, with representatives from the American Road and Transportation Builders Association, the National Mining Association, the Portland Cement Association, Heidelberg Materials, the National Stone, Sand & Gravel Association, and others testifying, overwhelmingly in opposition to the rule. While coal miners suffering from black lung believe the rule can’t come soon enough, mining executives seemed horrified at how “quickly” the proposal has wound its way through the agency.
“History shows that when you leave an opportunity for loopholes or the gaming of the system, some people will take advantage of that. And that’s why miners are getting sick.”
“The first time the idea of a silica rule appeared in the MSHA regulatory agenda was over 20 years ago, and MSHA wants to provide industry 45 days to comment and six months to comply,” said lawyer and former coal company executive Michael Peelish at the August 3 hearing. (Ironically, by pointing out how long it has taken to get to this point, Peelish undercut his own complaint about the current process’s relative speed.) “This does not work in your favor, and the courts will explain that to you if you don’t figure it out.”
But at the same hearing, Dr. Drew Harris, the medical director of Virginia’s Black Lung Program at Stone Mountain Health Services, the largest dedicated treatment facility in the country, urged MSHA to go full speed ahead. “I’ve heard from many people today that are calling for more time to prepare for implementation of this rule,” Harris testified. “And from my perspective, the longer we delay, the more patients will be inadequately protected, which will lead to more diagnoses of severe black lung and more premature and unnecessary deaths, and so I would urge MSHA to strongly consider moving forward in the proposed timeline and as quickly as possible.”
In Beckley, the final few speakers similarly urged MSHA to act fast, to do it right, and to make sure that the rule is as strong and effective as possible. “As you’re developing the final rule, I’d ask that you look at each piece and ask: does this section open the door for cheating, or gaming the system?” said Josh Roberts, Director of Occupational Health and Safety at the UMWA. “And if the answer is yes, then there’s a lot more work [that] needs to be done. History shows that when you leave an opportunity for loopholes or the gaming of the system, some people will take advantage of that. And that’s why miners are getting sick. It’s not because everybody’s following the rules and doing what they’re supposed to be doing and following their ventilation plans and following the law. It’s because they’re not.”
As the speakers trickled out of the Beckley auditorium in the early afternoon, said their goodbyes, and prepared for the long drive home, Vonda Robinson’s words about her little granddaughter echoed in my head. “She’ll say, ‘Nana, I don’t like that black lung,’” Robinson had recounted. “I said, ‘I don’t either, honey.’”
It had been a hard day. The miners’ stories about losing the chance to run and play with their grandkids reminded me of how it felt when I lost my own granddad to a brutal occupational lung disease. It also made me think of all the other children who will have to watch their own fathers, siblings, and grandfathers die breathless thanks to this horrible disease, which continues to claim younger and younger victims. As the speakers that day made clear, so much is riding on this proposed rule, and the stronger versions that will hopefully follow. If MSHA does this right, entire generations of Appalachians may have a chance to grow up and grow old, to celebrate the coal dust that miners proudly say “runs in their veins”—but to also breathe easy, with no rock dust in their lungs.
"This agreement is far from a compromise," said one campaigner. "It's a surrender to Big Oil and Republican hostage-takers in Congress."
Environmental protection groups warned that the text of the so-called Fiscal Responsibility Act of 2023—which, if approved by Congress in the coming days would hold federal nonmilitary spending at its current level in the coming year and increase it by 1% in 2025—includes a " colossal error" by the Biden administration.
"Singling out the Mountain Valley Pipeline for approval in a vote about our nation's credit limit is an egregious act," said Peter Anderson, Virginia policy director with Appalachian Voices. "By attempting to suspend the rules for a pipeline company that has repeatedly polluted communities' water and flouted the conditions in its permits, the president and Congress would deny basic legal protections, procedural fairness, and environmental justice to communities along the pipeline's path."
The Mountain Valley Pipeline (MVP) has previously been denied multiple permits by courts due to concerns about its effects on water quality and environmental justice for the communities it would run through from West Virginia to southern Virginia, but under the bill, the U.S. Army Corps of Engineers would be required to issue all remaining permits within 21 days. The bill also attempts to prohibit judicial review of the permits by any government agency.
According to one analysis by Oil Change International, the MVP—a pet project of right-wing Sen. Joe Manchin (D-W.Va.)—would emit the equivalent of more than 89 million metric tons of carbon, equal to the emissions of 26 coal plants.
"Changes to environmental laws and favors to fossil fuel companies have no place in a bill to raise the debt ceiling."
Although President Joe Biden previously said he would not negotiate with Republicans about raising the debt ceiling—which Congress has
voted to do 78 times since 1960, mostly under Republican presidents—he is now supporting a deal which includes a dramatic rollback of the National Environmental Policy Act (NEPA) in addition to the MVP approval.
Ariel Moger, government and political affairs director at Friends of the Earth,
noted that Manchin "has done as much as Republicans to sabotage the Democratic agenda" by refusing to back Biden's signature domestic agenda, the Build Back Better Act, in 2021.
Despite this, Moger said, Manchin has "been rewarded" while "MAGA extremists" have been given legislation "filled with polluter giveaways and devastating spending limitations."
Biden and Manchin have claimed the MVP is essential for energy security, and the bill text includes claims that the project "will reduce carbon emissions and facilitate the energy transition," despite Oil Change International's finding that methane gas leakage, pipeline operations, and the burning of the gas delivered by the pipeline would add "tens of millions of tons of greenhouse gas (GHG) pollution to the atmosphere every year for decades to come."
The legislation includes "too many lies to even begin correcting" about the pipeline, said Grace Tuttle, advocacy director for the Protect Our Water, Heritage, Rights (POWHR) Coalition.
"The debt deal insists that building Manchin's pet MVP pipeline is 'in the national interest' and will cut global warming emissions," said 350.org co-founder and author Bill McKibben. "These things simply aren't true."
Jamie Henn, co-founder of 350.org and director of Fossil Free Media, noted that Biden's approval of the MVP comes months after his administration allowed the construction of the massive Willow project, a ConocoPhillips oil drilling operation in Alaska which could send roughly 280 million metric tons of carbon emissions into the atmosphere by 2050—even as scientists and energy experts warn that keeping planetary heating below 2°C by then will be impossible if fossil fuel projects continue.
"Support for Biden's climate record plummeted among young people after his approval of the Willow project," said Henn. "Greenlighting the Mountain Valley Pipeline will drive it down even further."
With the Fiscal Responsibility Act, said Jean Su, energy justice program director at the Center for Biological Diversity, "Biden has allowed Sen. Manchin and Republicans to hold the government hostage to ram through the climate-killing Mountain Valley Pipeline, dramatically roll back bedrock environmental laws that give voice to frontline communities, and sabotage agencies whose job is to protect the environment and working families."
"Congress should reject these poison pills," she said, "and pass a clean debt ceiling bill."