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If the allegations contained in a lawsuit are true, it demonstrates a willful endangerment of citizens and a gross violation of federal laws and policies.
In late 2014 people across West Virginia and southwest Virginia were informed that a collaboration of energy companies had created a limited liability company called Mountain Valley Pipeline LLC. The company was created to develop the Mountain Valley Pipeline, a 303-mile methane-gas pipeline traveling through West Virginia and Virginia mountains, farms, streams, and communities. It is most commonly called the “MVP.” It crossed my organic farm and many places where I travel, work, and play.
From the beginning there were questions about the necessity and the viability of this project. What transpired is a years-long battle to stop the pipeline. By 2022 it was apparent that the MVP was a doomed project, having gone from a price tag of $3.5 billion to over $8 billion and not being able to legally obtain critical permits. It is now projected to eventually cost nearly $10 billion.
The pipeline was rescued in 2023 by then-West Virginia Sen. Joe Manchin when he held the debt ceiling legislation hostage until he got his “Dirty Deal,” inserted into the final Fiscal Responsibility Act of 2023. This then created a situation where degraded and corroded pipe, which had sat in the sun for years beyond the manufacturer’s recommendations, was going to be buried by MVP developers. Despite warnings from citizens, environmental, and safety experts, MVP was allowed to use much of this expired pipe.
Congress, PHMSA, and the Federal Energy Regulatory Commission (FERC) each must conduct investigations to determine if public safety has been compromised and if officials with MVP broke federal law.
In October of 2023 citizens did get the Pipeline and Hazardous Materials Safety Administration (PHMSA) to issue additional safety procedures for any of the pipe remaining to be installed across West Virginia and Virginia. Meanwhile MVP was barreling full steam ahead, installing the pipe in some of the most difficult and environmentally sensitive areas of the route. They worked around the clock in sometimes brutal conditions from early June 2023 through June of 2024, despite the fact that Sen. Manchin and others said it could be completed in as little as four months. More lies and deception from those advocating for the pipeline.
Throughout this time, citizens monitoring the construction would hear rumors of shortcuts and pipeline failures like the one that happened in Bent Mountain, Virginia in May of 2024 just days before the pipeline was given the green light to enter service.
In my community of West Virginia, I heard rumors of pipeline being buried that was not properly approved by inspectors, but I heard nothing more about this after January of 2024 when MVP left my farm. That was until June 4 when I read a story by Mike Tony of the Charleston-Gazette-Mail. The story revealed that a wrongful termination lawsuit had been filed in Monroe County, where I live, in April of 2025. It was recently moved to the federal Court in nearby Bluefield, West Virginia. Subsequent stories by Laurence Hammack of The Roanoke Times and by Carlos Anchondo of E&E News have raised dire concerns among those of us who live in the blast zone of the MVP pipeline in West Virginia and Virginia.
The lawsuit alleged that a pipeline inspector was fired by MVP after refusing to sign off on pipe and/or welds he felt were unsafe. In fact, according to the filing in the Monroe County Court, he was told that if he wanted to keep his job, he was to bury the pipe. He refused, and, according to the complaint, he was transferred and later fired. In my eyes, this man is a public hero. He did his job and was fired for it. I wonder how prevalent this kind of excessive pressure is on those doing this job across the pipeline industry.
If the allegations contained in the lawsuit are true, it demonstrates a willful endangerment of citizens and a gross violation of federal laws and policies. It is imperative that this does not get swept under the rug by Mountain Valley Pipeline with some sort of out of court settlement and a nondisclosure agreement. Congress, PHMSA, and the Federal Energy Regulatory Commission (FERC) each must conduct investigations to determine if public safety has been compromised and if officials with MVP broke federal law.
This is particularly troubling for me as I suspect that some of the pipe and welds in question are near my home or in other places where I frequent often. I also suspect this is not a situation that is isolated to just Monroe County, West Virginia. This week I will be in Washington D.C. seeking answers from FERC, PHMSA, and our elected officials.
Faced with a troubling report that reveals multiple pipe defects, Mountain Valley Pipeline spins and misrepresents.
Almost four months after high-pressure water testing blew a
gaping hole in an elbow pipe fitting section of the Mountain Valley Pipeline on Bent Mountain in Virginia, the pipeline operator filed a report with the Federal Energy Regulatory Commission on August 29 addressing the cause of the pipe failure.
The incident, which occurred on May 1, roughly six weeks before MVP went into operation, was first noted by local land owners, who observed sediment in a nearby stream, reported it to the Virginia Department of Environmental Quality (DEQ), and then photographed the burst pipe as it was hauled away a day later.
MVP sent the 43-page report to the Pipeline and Hazardous Materials Safety Administration (PHMSA) on August 28, a day before the report was filed with FERC. In June, PHMSA and MVP entered into a consent agreement to resolve a 2023 notice of proposed safety order, which had alleged that conditions existed along MVP’s route through West Virginia and Virginia that posed “an integrity risk to public safety, property, or the environment.”
This fight will continue until MVP is held accountable and this ruinous disaster is stopped before the unthinkable happens.
MVP’s report—and the company’s reaction to it—leave more questions unanswered than answered.
But one thing is clear: MVP tried to mislead PHMSA and FERC, as well as the press and the public at large, by including with the report filing a two-page cover letter that downplayed the incident and omitted crucial information contained in the report.
Also troubling—and unexplained—the report went through three drafts, dated July 23, August 1, and August 21. It was prepared by risk management firm DNV GL USA, which described MVP as its “customer.”
MVP provided DNV with a 12.5-foot section of pipe that contained the burst elbow fitting as well as two smaller sections (1.5 feet and one foot) from a “sister fitting” from the same test section.
MVP claimed in its cover letter that the sister elbow fitting was the only piece of pipe along the 303-mile long pipeline that had a “matching pedigree.” It gave no supporting evidence, nor did it even describe what it meant by “matching pedigree,” and DNV did not address the claim, much less verify it.
DNV did tensile tests on the blown pipe and “duplicate tensile tests” on the two samples from the sister fitting. The purpose of the analysis was “to determine the metallurgical cause of the failure and identify any contributing factors.”
DNV concluded that “the elbow fitting failed at the longitudinal seam weld as a result of ductile overload.” Ductile overload is “the failure mode that occurs when a material is simply loaded to beyond its ultimate tensile strength.” That seems simple enough. Indeed, it is almost self-evident. Obviously, the pipe burst because pressure was put on it that was beyond its capacity to bear. But that does not tell you why there was ductile overload.
DNV reported that “a majority of the failure was at or near the fusion boundary of the seam weld metal and base metal, indicating a lower tensile strength at or near the fusion boundary compared to the base metal and weld metal.”
That brings us to the second goal of the testing: to determine contributing factors. And that’s where the report gets very interesting—and very scary:
Contributing factors to the lower tensile strength at or near the fusion boundary was (sic) softening of the base metal mid-thickness... and possibly a yield strength lower than the requirement as the base metal yield strength of the sister elbow fitting did not meet the yield strength requirement.
Here, DNV is talking about two different defects in the pipe that burst, and a different defect in the sister pipe.
First, there was inadequate tensile strength , which is the maximum stress that can be applied before an object breaks, in the pipe that burst.
Second, there was possibly also inadequate yield strength, which refers to the maximum stress before an object’s shape permanently changes, in the pipe that burst. The evidence for this is that “the base metal yield strength of the sister elbow fitting”—which MVP admitted had a “matching pedigree”—“did not meet the yield strength requirement.”
Of note, the inadequate yield strength of the sister fitting was not in a welded seam, but rather in the base metal of the pipe itself.
Two pipes tested.
Two pipes defective.
Two different defects.
Taking things further, DNV concluded that “the tensile properties of the sister elbow fitting (base metal) do not meet the tensile requirements for MSS SP75 Grade WPHY70 steel at the time of construction as the yield strength is lower than the required value of 70 ksi; the values are also lower than the MTR value of 70.9 ksi.”
As DNV noted, MSS SP-75 requires a minimum yield strength of 70 kilopounds per square inch (ksi). The two sister elbow samples had a yield strength of 63.5 and 66.8 ksi.
In plain English, the sister elbow would be expected to permanently deform at a level of stress below what was required by industry standards, and the elbow that burst would be expected to break at a level of stress below what is required by industry standards.
Presumably, it is not good for any section of MVP to be either susceptible to permanent alteration or, worse, a straight blow out, when subjected to high pressure. The tested pipes were subject to both. It is terrifying, when one considers that MVP carries explosive methane gas—which is pressurized at up to 1,480 psig—that people live well within the pipeline’s blast zone.
And it gets worse.
DNV reported that there was a separate problem altogether: The sister elbow pipe’s fracture appearance transition temperature (FATT) value, which is the temperature at which the steel’s fracture appearance goes from being mostly flexible to mostly brittle, was “higher (poorer) than typical when compared to 2018 vintage line pipe steel.” Simply put, this means that the sister elbow DNV tested was more susceptible to cracking as compared to other pipe steel made in the same time period.
Mountain Valley Pipeline’s cover letter did not mention any of these problems.
Instead, MVP simply said that its pipeline burst on May 1 “due to a manufacturer’s defective weld,” on one pipe elbow. MVP bragged that a sister fitting “was proactively removed… to provide material for a portion of the mechanical testing aspect of the failure analysis,” but conveniently omitted the fact that the second fitting suffered from multiple manufacturing defects. Incredibly, MVP then misleadingly stated that “a single failure,” when there actually were two defective pipes (out of only two tested), was “a negligible fitting failure rate.”
That’s not even accounting for the fact that this was not the only “failure” that MVP experienced during hydrostatic testing. On June 4, a “jumper pipe” burst, sending a geyser of water hundreds of feet into the nighttime sky and then into a stream that feeds into the Roanoke River. Local residents caught the incident on video. MVP has yet to provide a full explanation of exactly what occurred.
As to the May 1 pipe burst, MVP no doubt was betting that reporters would not dig through 43 pages of highly technical material and instead would rely on MVP’s two-page “summary.” And indeed, with one notable exception, virtually all media outlets did exactly that. Many simply reprinted a story circulated by The Associated Press, which parroted a separate blogpost from MVP that noted that the report found that “there was no evidence of external or internal corrosion.”
By highlighting that DNV found no evidence of corrosion, MVP was cleverly suggesting that widespread concern about corrosion of MVP’s pipes is unfounded. However, concerns about corrosion do not focus on pipes, like the ones at issue here, that were installed and buried in 2018. Rather, the danger of corrosion focuses on the fact that most of the pipeline was installed in 2023 and 2024 using pipes that had been baking in the sun for many years after construction was halted in 2018 and thereafter by federal courts and, in one brief instance, by the Virginia Department of Environmental Quality. In fact, according to federal court testimony from an MVP executive in 2018, the pipe needed to be installed within one year to avoid having the sun degrade its protective coating, which is designed to prevent corrosion.
All of this is very troubling. MVP has a long history of flouting the law, as evidenced by the fact that it has been fined millions of dollars and cited for hundreds of environmental violations as far back as 2018 and as recently as last month.
Now MVP wants those who live along the route and others concerned to accept their claim that the sister elbow fitting it gave to DNV for testing was the only pipe among the 2,500 fittings and thousands of other pipes along the route that had a “matching pedigree” with the pipe that burst, whatever that means, despite the fact that no one—not even DNV—has verified or even evaluated that claim.
MVP likewise does not want anyone to wonder why DNV produced three drafts of the report for its “customer,” MVP. Who knows what MVP asked to be added, deleted, or changed between July 23, when the first draft was completed, and August 21, when the final report was done? Nor is there any explanation as to why MVP waited until August 28 to provide the report to PHMSA.
In short, the people who live next to this polluting and dangerous nightmare, as well as the public at large, are left with many questions and very few answers. And regulatory agencies, whose job it is to protect the public, are simply asleep at the wheel.
As Russell Chisholm, co-director of the Protect Our Water, Heritage, Rights Coalition (POWHR), a local advocacy group, commented:
After four months of waiting, communities near the pipe rupture finally have details from MVP on what caused the pipe explosion during testing. The lab hired by MVP blames the rupture on weak steel and a defective weld. This is a pathetically predictable outcome; we know the MVP has used shoddy materials for their rushed construction job on this massive methane pipeline project. This is yet more evidence of the threat MVP poses to everyone along the route, and why the government never should have greenlit this corrupt project.
MVP continues to assault Appalachia. Week after week after week, MVP files environmental “compliance reports” that instead reveal environmental noncompliance, as sediment is deposited in once pristine and protected streams. This damage would be illegal but for the fact that Congress and the White House exempted this project from environmental laws by legislative fiat in June 2023. And just recently, MVP revealed that it is working to remedy an untold number of “slips,” a euphemism for landslides, that could rupture a pipeline that crosses 75 miles with slopes greater than 30%.
Being treated as a sacrifice zone, the people of Appalachia are left to protect themselves and each other.
It is the latest chapter in a centuries-old story.
But the people of Appalachia are strong—and they are not alone. This fight will continue until MVP is held accountable and this ruinous disaster is stopped before the unthinkable happens.
Because it is not just about tensile strength and hydrostatic testing.
It is about the people who live there. And the land they love.
And in the end, the people will win.
Kamala Harris needs to lead the country in addressing this biggest of all problems: our climate crisis and the dominance of the fossil fuel industry in our politics and policies.
President Joe Biden lost a lot of support, especially among young voters and climate voters, when he approved the foolish Willow Project. The Mountain Valley Pipeline (MVP) was equally unpopular with those groups but they rightfully placed most of the blame for that project on Sen. Joe Manchin (D-W.V).
What a lot of people, including reporters, don’t realize is that Pete Buttigieg, as Secretary of Transportation, had (and still has) the power to stop MVP. The Pipeline and Hazardous Materials Safety Administration (PHMSA) reports to Buttigieg and PHMSA, as its name implies, has the authority and responsibility to ensure the pipelines are built and operated safely. But the MVP was not built—nor is it operating—safely. That is not an opinion pulled out of thin air by a climate activist. Rather it is the conclusion of a study done by TC Energy (formerly TransCanada), the company that wanted to build the Keystone XL Pipeline (KXL). That study was the subject of an article (pg 16) in the Jan/Feb 2020 issue of Corrosion Management, a journal of the Institute of Corrosion.
This topic has been written about extensively for over a year. If reporters and other readers want to understand the particulars they can find them here. The long and short of it is that the TC Energy/KXL study proved that MVP’s corrosion-proof coating is “no longer fit for purpose.” That’s a pretty damning indictment, especially given the enormous diameter (42 inches) of MVP and the extremely high pressure it will be operating under. It’s particularly scary for all those who live within MVP’s blast zone.
MVP is made of thick steel. It isn’t going to corrode extensively tomorrow or anytime right away. But pipelines like MVP are built with the intention that they will operate for many, many decades, which is why legally they MUST have an adequate corrosion-proof coating. Otherwise they will corrode prematurely which could lead to a massive explosion. Delaney Tercero was 3 when a 10 inch gas pipeline exploded near her home because defective coating allowed the pipe to corrode. She died 2 days later in a hospital burn unit. Again, MVP is 42 inches.
The National Association of Pipe Coating Applicators (NAPCA) recommends that the pipe coating that was applied to MVP pipe should not be exposed to the harmful rays of the sun for more than 6 months. MVP pipe sat out in the sun for 6-7 years. A KXL pipeline manager, speaking at an oil and gas forum in Canada, said that, when the coating has deteriorated to such a degree, the pipe either needs to be replaced or sent back to the factory for stripping, cleaning, and recoating. He said this is a problem that can’t be remedied in the field. MVP pipe was neither replaced nor properly recoated. It was just quickly buried and covered up, as if that would make the problem go away.
Pete Buttigieg is obviously a very smart guy. He’s articulate, does his homework and has a knack for making members of Congress look ridiculous when they try to question him. If anyone can explain why the KXL coating study doesn’t apply to MVP, it would be Secretary Buttigieg. But neither he nor PHMSA nor MVP nor anyone else has ever offered that explanation. Buttigieg seems to pop up everywhere these days but he hasn’t met with the people who live next to MVP and been willing to address their fears about the defective pipe coating. And the reason he hasn’t is because he can’t explain away the KXL study’s obvious relevance to MVP which leaves him unable to defend PHMSA’s decision to allow MVP to operate.
And this problem isn’t limited to MVP. Pipeline giant, Williams, has just built pipelines in Louisiana and Pennsylvania using old pipe intended for the now-dead Constitution Pipeline in NY. That pipe has been sitting out in the sun for over a decade. Williams has now buried it right next to houses, schools, playgrounds, ball parks, through golf courses and under interstate highways.
Essentially, despite all their posturing, Pete Buttigieg and PHMSA are just part of the Good Ol’ Boy network that oversees much of our country’s energy regulatory system which remains heavily controlled by the fossil fuel industry. Up and down the chain of command people go along to get along, as pointed out in this article that Bill McKibben called landmark by Mike Soraghan of Politico’s E&E News. That system has resulted in America being the largest oil and gas producer ever, which is deplorable given the scientific consensus regarding climate change. It is why we are so far behind in achieving our climate goals.
Kamala Harris needs to lead the country in addressing this biggest of all problems. She needs to separate herself from the Good Ol’ Boy network. She should start by picking someone other than Pete Buttigieg to be her VP.