Uh, Oh, Now Conservation Easements Are Racist

by James A. Bacon

There’s a lot of talk in the environmental community about “environmental justice,” but here in Virginia, nearly all of the $1.8 billion spent on land conservation over the past two decades mostly benefited well-to-do white people. That observation doesn’t come from me (although it sounds like something I would say). It comes from Matthew Strickler, Virginia’s Secretary of Natural Resources.

More than 30% of conservation easements have gone to land conservation in five counties — Loudoun, Albemarle, Fauquier, Culpeper and Orange — all of which have Black populations below the 19.9% state average.

“In fairness, rural areas are where the land is, and many rural areas have lower minority populations,” Strickler said. “But rural places like the Eastern Shore, western Hampton Roads and some parts of Southside Virginia have higher than average African American populations and are not even in the top 10 localities.”

Environmentalists have engaged in racial bean counting whenever it suits their purposes. Most visibly in recent years, foes of the Atlantic Coast Pipeline made a racial issue of a compressor station that Dominion Energy proposed to locate in what turned out to be a predominantly African-American community in Buckingham County. With this new report, the racialization of statistical disparities has turned around to bite environmentalists in the ass.

Strickler made the comments Tuesday to the state’s Commission to Examine Racial and Economic Inequality in Virginia Law, reports The Virginia Mercury.

“Land ownership and land conservation incentives in Virginia are really at this point relics of a past that has actively discriminated against people of color and didn’t allow them to benefit from land ownership or in many cases even land access,” said Strickler.

“Simply continuing to give huge tax breaks to a largely White landowning class in order for them to continue to keep doing what it is that they’re already doing is not a 21st-century land conservation policy, and it’s certainly not equitable,” he added.

The tax credits are among the most generous in the country. Participating landowners receive a tax credit equal to 40% of the value of their easement, with a statewide allocation capped at $75 million. Credits can be sold and combined with federal conservation easements. Roughly half of the tax credit deals happening in Virginia involve an LLC or other entity rather than an individual.

“We know the credits are being transferred a lot,” said Deputy Secretary of Natural Resources Joshua Saks. ‘We don’t know exactly who is benefiting from that.”

Ever since the state capped the tax credits at $75 million annually, demand  exceeds supply. Most conservation easements have gone to preserve farmland, and many of the beneficiaries were land-owning gentry who operated horse farms and vineyards in the rolling hills of Virginia’s northern piedmont. In recent years, greater emphasis has been placed on preserving ecologically sensitive areas.

Speaking in favor of the easements, one can say that they have played a vital role in preserving some of Virginia’s most picturesque landscapes and viewsheds from incursions by utilities and housing developers. Virginia’s horse-and-wine country is a treasure not only to the people who live there but to those who like to visit. (I’m one of them.)

But there is a certain cosmic justice at play here. Virginia’s woke white rural gentry weaponized disparities in racial statistics to block projects they didn’t like, whether they be gas pipelines, electric transmission lines, or gas-fueled power plants. The proposed 600-mile Atlantic Coast Pipeline was a classic example. Across most of its length, the pipeline route crossed land mostly owned by Whites. But foes managed to block construction of a crucial compressor station that happened to be located in a predominantly Black community.

Statistical-disparities-as-racism, it appears, has taken on a life of its own. Zealously looking for disparities in every sphere of human existence, racial bean counters have turned their gaze to the disparities among conservation-easement beneficiaries. Strickler says the program should “provide more regional diversity and more opportunities for minority populations.”

It will be interesting to see the reaction of my old friends at the Piedmont Environmental Council, which has been a fierce advocate of the conservation easements. Members of that organization are very liberal and very woke. But a wholesale re-evaluation of how conservation easements are allocated would eliminate the most valuable tool they have to safeguard their communities from utilities and developers. Which is more important to them — their homes or what passes for social justice?


Share this article



ADVERTISEMENT

(comments below)



ADVERTISEMENT

(comments below)


Comments

72 responses to “Uh, Oh, Now Conservation Easements Are Racist”

  1. LarrytheG Avatar
    LarrytheG

    Not surprised that JAB frames the issue this way!

    1. Stephen Haner Avatar
      Stephen Haner

      Why do I suspect you have read neither the VA Mercury report nor the underlying document? (Well, gee, I can’t find the cited report either, but the VM story tone is not that different, just exultant.)

      1. LarrytheG Avatar
        LarrytheG

        I’ve read a few things, yes. But the bottom line is that there are far fewer black landowners, and there are reasons for that.

        Yes, PEC and other groups appeal for land conservation both liberal and conservative, but I bet actual tracts pf black-owned land candidates are probably scarce as hens teeth.

        .

  2. DJRippert Avatar
    DJRippert

    I love the way that people like Strickler oscillate from “White” to “Black” to “minorities” to “people of color”. For example, Loudoun County has a lower Black population than the state overall but has a higher Asian population.

    According to Virginia Realtors home ownership in Virginia has been falling as a percentage of population from 2000 – 2019. Yet Asian home ownership has been quickly growing over the same period. If racism is the root cause of real estate ownership disparities then why is this happening?

    It would be interesting to see some actual facts and figures about the levels of land ownership and conservation easements by “people of color”.

    https://virginiarealtors.org/2021/05/13/asian-homeownership-in-virginia/

    I also find this comment confusing ….

    “In fairness, rural areas are where the land is, and many rural areas have lower minority populations,” Strickler said. “But rural places like the Eastern Shore, western Hampton Roads and some parts of Southside Virginia have higher than average African American populations and are not even in the top 10 localities.”

    Top 10 localities by what? Acreage? Total number of easements? Value of easements?

    I assume the last.

    If so, the value of the easements is directly related to the value of the land.

    Here’s an ad for land in Accomack County at $12,000 per acre. The property even has 3 miles of waterfront.

    https://www.landwatch.com/accomack-county-virginia-farms-and-ranches-for-sale/pid/409678264

    Here’s the largest undeveloped land for sale I could find in Loudoun County. 43 acres for $795,000 or $18,000 per acre.

    https://www.zillow.com/homedetails/Heskett-Ln-Purcellville-VA-20132/2093811708_zpid/

    1. You raise an excellent point. Strickler didn’t even document the fact that Whites benefit more than Blacks from the tax credits. He cited no figures based on known racial identity of the landowners in question. I believe his supposition probably would be borne out by the facts — Whites have in fact benefited from the tax credits, but you shouldn’t base public policy on supposition. That’s just lazy.

      1. LarrytheG Avatar
        LarrytheG

        I think the data is out there though. Is it worth finding out like efforts to find out other data?

        sorta depends on what you want to find out, eh

  3. DJRippert Avatar
    DJRippert

    This is what Strickler said ….

    “Simply continuing to give huge tax breaks to a largely White landowning class in order for them to continue to keep doing what it is that they’re already doing is not a 21st-century land conservation policy, and it’s certainly not equitable,” he added.

    How is that incompatible with Jim’s title, “Uh oh, now conservation easements are racist”

  4. DJRippert Avatar
    DJRippert

    “Active duty” Loudoun County teacher Monica Gill has publicly stated that teachers in that county are being told that all curricula in that school system will be taught through the lens of CRT.

    One hopes that the children of the Piedmont Environmental Council living in Loudoun will be taught that their parents support racist tools and, because of that, are racists themselves.

    1. LarrytheG Avatar
      LarrytheG

      I’d just point out that just because someone claims something is true, it’s not necessarily so. People do that.

      1. You’re right. Just because many people claim that racial disparity in [name the statistic] must mean systemic racism exists does not necessarily make it so.

        1. LarrytheG Avatar
          LarrytheG

          Are you talking about one person or many? And if more than one, are there ways to confirm disparities?

          You don’t like the Air Force Report.

          Would you like to the see a DOD report for the military as a whole?

          Would that be more/better than a few folks making the claim without evidence?

          1. I did not say I dislike the Air Force report. I said I thought you were misusing it as “proof” there is systemic racism in the Air Force.

          2. Matt Adams Avatar
            Matt Adams

            How is it, he managed to invoke correlation does not imply causation, strawmen and argumentum ad populum in 2 comments?

          3. LarrytheG Avatar
            LarrytheG

            Nope. I cite that report – and others – as MORE than one person making an unsubstantiated claim.

            I’m differentiating between one or two or three folks claiming something is true and a month’s long effort by many to gather data and evidence in support of their findings.

            AND other reports to gather evidence that also confirm some findings.

            Am I misunderstanding your point?

            Someone getting up at a podium making a claim is not the same as efforts to gather evidence, document and share it and make some conclusions about it.

      2. DJRippert Avatar
        DJRippert

        Please find one “active duty” Loudoun County teacher who will publicly refute Ms. Gill’s contention.

        Also, please help me with Ms. Gill’s motive for lying. It’s hard to imagine that she did herself any favors with her bosses by making her statement.

        1. LarrytheG Avatar
          LarrytheG

          One claim does not make it true nor does it take anyone to refute it to make it untrue.

          Any yahoo can make any claim and they do but you don’t take it as true.

          I don’t know Ms. Gills “motives” but I do know out of about 6000 other teachers, as far as I can tell, not a one has stepped up to confirm what she said.

          You guys have a problem with understanding what is actually true and no it’s not what one person claims it is.

          The truth is not what someone claims and no one has any responsibility to disprove it just because some yahoo make the claim to start with.

          If what she said is actually true – I expect it to be corroborated by others. Surely out of 6000 others there are more like her? No?

        2. James Wyatt Whitehead Avatar
          James Wyatt Whitehead

          Monica is no liar. I have known this educator for 25 years. One of the top shelf teachers in Loudoun.

  5. Thomas Hadwin Avatar
    Thomas Hadwin

    Conservation easements were not successful in altering the route for the Atlantic Coast Pipeline. Dominion was able to subvert the spirit of the “conservation” intent of the easement process by exchanging a large acreage of ordinary farmland for numerous easements of ecologically sensitive land. The board granting the easements delayed their decision, but ultimately succumbed to considerable pressure to grant the exchange. So having an easement did not actually protect the landowners from the type of development that they thought a conservation easement would protect them from.

    I don’t quite understand the juxtaposition of the easement issue with Environmental Justice concerns. For decades, not only energy projects but industrial development in general occurred on property in lower income communities. Not only was the land cheaper, but the opposition was less.

    This has been going on for a long time. In most towns in North America, landowners with more wealth live on the west or south side of town, with the prevailing wind at their backs. People with less wealth lived on “the other side of the tracks” to the east and north of town and received the stench and pollution from the industrial facilities.

    The EJ movement is intended to provide a voice for people who have disproportionately borne the brunt of industrial development.

    The new compressor station in Pittsylvania County intended to serve Dominion’s gas company in North Carolina is another point source of pollution concentrated in a low income community. The DEQ admits its air quality assessments do not consider the effects on the population near the facility. The DEQ wants to permit that facility even though the pipeline as twice been denied the water quality permits by North Carolina residents which keep the pipeline from being constructed.

    1. LarrytheG Avatar
      LarrytheG

      Thanks Tom!

      Yes, EJ is a big deal in Transportation Planning these days PRECISELY because many transportation projects in the past found it much easier to go through minority communities.

      I-95 through downtown Richmond is really an excellent example of this especially in terms of where it did NOT go.

      1. DJRippert Avatar
        DJRippert

        We need to be careful with words.

        “The new compressor station in Pittsylvania County intended to serve Dominion’s gas company in North Carolina is another point source of pollution concentrated in a low income community.”

        Low income community.

        “Yes, EJ is a big deal in Transportation Planning these days PRECISELY because many transportation projects in the past found it much easier to go through minority communities.”

        Minority community.

        Pittsylvania County definitely qualifies as low income (on average). However, the Black / White demographic is pretty close to the state average.

        Is the compressor in question being proposed for an area of Pittsylvania County that is predominately Black?

        1. Thomas Hadwin Avatar
          Thomas Hadwin

          As is often the case, minorities represent a larger percentage of the low-income population than their percentage of the general population. This is the case in Pittsylvania County too.

          Much of the opposition to the project is being led by the local NAACP.

          For decades, residents have been exposed to emissions from the nearby Transco compressors. Now the MVP wants to add another. Still no regulatory review of the health effects on the local population. Only ongoing reliance on the “dilution solution” of regional modeling.

          1. How far away from an “EJ community” does a gas compressor need to be in order to satisfy you?

          2. Thomas Hadwin Avatar
            Thomas Hadwin

            I spent years in the utility industry siting facilities that produced energy to meet an established demand. We did this in a way that was affordable and caused the least environmental disruption possible, while taking into consideration the impacts on people around the facility. There is no reason we cannot do this in Virginia.

            Instead we get numerous projects that are unnecessary for us to have the energy we need.; that trample on individual property rights; disrupt the environment without regulatory oversight that meets legal requirements; add billions of dollars in higher energy costs compared to available options; and avoid any reasonable consideration of the effects on the people who are most affected by the construction and operation of the projects.

            There is no magic formula (“how far away”), just a thorough and reasonable assessment of the facts. Many states do it this way, but a truncated, sham process has been legally purchased by the energy companies in Virginia.

          3. LarrytheG Avatar
            LarrytheG

            In NEPA , there is a key phrase called “Purpose and Need” and a process called “Alternatives analysis”.

            There is also a designation called 4F.

            4F can be very tough to overcome for highway projects. Not sure about other but also there is a difference between a Govt-sponsored project and a non-govt private sector project and Utilities fall into a 3rd area, I believe.

          4. Matt Adams Avatar
            Matt Adams

            You mean like off-shore wind, vast solar farms and the offsetting of electric bills?

            Dominion owns the best politician money can buy.

        2. LarrytheG Avatar
          LarrytheG

          I think you may misunderstand.

          We’re talking about A speific physical community that is predominately low income not a general demographic or region.

          Do you understand how EJ works with transportation projects these days?

          The odd thing is that it ought not to been that hard for Dominion to NOT CHOOSE that location to start with if they KNEW it actually was a low-income community.

          That’s what transportation planners do when they develop a project. They look specifically for issues like that and if they see them they go around… BECAUSE if the residents file an appeal – it will add months/years of delay to the project so they don’t do it to start with.

          1. How far away from an “EJ community” does a new highway need to be in order to satisfy you?

          2. LarrytheG Avatar
            LarrytheG

            There actually is a process for that. It has to do with observed impacts like noise.

            https://www.environment.fhwa.dot.gov/env_topics/ej/guidance_ejustice-nepa.aspx

            I think I heard you say that your job involves securing land for infrastructure, no?

          3. Yes, it does occasionally involve that unpleasant task.

            You should read this section at the link you posted: “PROCEEDING WHEN THERE ARE DISPROPORTIONATELY HIGH AND ADVERSE EFFECTS” particularly the phrase: Would involve increased costs of an extraordinary magnitude

            Then think about the difference in land values between an economically disadvantaged area and one that is not.

            Yes, the phrase “extraordinary magnitude” is subjective, but for the most part the democrats you worship have set up a program they can brag about for political points but which has, where the rubber hits the road, done nothing to provide actual, demonstrable benefit to economically disadvantaged communities.

          4. LarrytheG Avatar
            LarrytheG

            “worship” is that something you think?

            are you, once again, ascribing motives?

            Can I do the same back to you cuz I think you might be a dumb ass… by some of your comments…

            no?

            re: ”
            where the rubber hits the road, done nothing to provide actual, demonstrable benefit to economically disadvantaged communities.”

            where do you get this from? Out of your butt? yep.

            Have you ever read a NEPA case that actually involved Environmental Justice and then developed a truly informed opinion?

      2. William O'Keefe Avatar
        William O’Keefe

        Whaat were the alternatives and what were the costs and benefits of each? It is oh so easy to demigod!

        1. LarrytheG Avatar
          LarrytheG

          demagogue, right?

          Alternatives ? and maybe low income neighborhoods might be less valuable than higher income neighborhoods?

          something like that or I misunderstood?

          or are you talking about Conservation Easements?

          1. William O'Keefe Avatar
            William O’Keefe

            You are right about demagogue. My question is about I-95. What were the alternatives and the costs and benefits of each? If you can’t provide that information, don’t bother to respond.

          2. LarrytheG Avatar
            LarrytheG

            okay.. not Conservation easements, and not the ACP pipeline but I-95?

            oh, you mean when it came through Richmond?

            There was no EJ in FHWA back when I-95 went through Richmond. It’s been since pointed out as an example of where a road basically cut a community in half – Richmond was not the only place – it happened with a lot of interstate highways

            here’s one article:
            https://www.wvtf.org/news/2016-04-14/when-a-highway-and-a-coliseum-cut-through-a-community

            After FHWA incorporated EJ into it’s NEPA process, I’ve read that they could never again do what happened in Richmond.

            THe alternatives process for EJ would have likely flatly ruled out taking the highway right through a minority community unless there was absolutely no other alternative east of Richmond and we know there was because later they did build the bypass.

            EJ is not done by cost/benefit just like 4F is not either. It would be like saying that you want the road to go through the State Capitol or VCU or some such because it would have a better cost-benefit. They don’t even do cost benefit. They just rule it out from the get go. It’s called a fatal flaw.

            and read Jackson Ward on this:

            https://en.wikipedia.org/wiki/Richmond%E2%80%93Petersburg_Turnpike

            and here is FHWA guidance on EJ.

            https://www.fhwa.dot.gov/publications/publicroads/16marapr/02.cfm

          3. William O'Keefe Avatar
            William O’Keefe

            In other words you don’t know what you are talking about and use a lot of words to show it. You are supposed to go from hypothesis to evidence to conclusion; not start with a conclusion and ignore everything else.

          4. LarrytheG Avatar
            LarrytheG

            I provided you with a number of links including ones from FHWA on EJ. I’ve read those links and many more and I actually DO know what I’m talking about as what I’ve said comes from the links and other authoritative sources.

            If you insist on remaining ignorant, I can’t help it but do understand how you’d try to distract from it.

            The plan fact is that FHWA and VDOT put I-95 right through a minority community in Richmond – years ago bt now have instituted EJ policies that would prohibit it and those policies came about as a direct result of issues like Richmond.

            That’s the simple truth guy.

          5. William O'Keefe Avatar
            William O’Keefe

            The basic question dealt with alternatives.
            You have not addressed that and obviously can’t. As George Will has recently written, a leakage of reality and by a gaseous windbag.

          6. LarrytheG Avatar
            LarrytheG

            I DID address it and I ask you did you actually go to the FHWA website about EJ and alternatives?

            They don’t do alternatives when EJ is involved the same way they do alternatives that don’t have EJ (or 4F) involved.

            You need to read.

            https://www.fws.gov/environmental-justice/pdfs/NEPA-Community-Guide-2019.pdf

            the gaseous windbag is thyself preferring bather to gaining knowledge that you lack.

            go read and get yourself educated and take a break on the mouth.

          7. William O'Keefe Avatar
            William O’Keefe

            In other words, you have no idea of what the alternatives were!

          8. LarrytheG Avatar
            LarrytheG

            The problem is when they did that – there was no real alternative analysis done, much less with regard to environmental justice.

            What happened in Richmond (and other) is actually what led to environmental justice laws and policies. They knew what they did was wrong.

          9. William O'Keefe Avatar
            William O’Keefe

            Wrong, wrong, wrong! Read this and then don’t bother me again–https://richmondmagazine.com/news/richmond-history/I-95-cross-into-Shockoe/

          10. LarrytheG Avatar
            LarrytheG

            your link did not work.. it this the one:

            https://richmondmagazine.com/news/richmond-history/I-95-cross-into-Shockoe/

            and bother YOU? geeze… guy… I’m the one who has been suffering here…

    2. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      Tom, I agree. I don’t understand the conflating of conservation easements with EJ. Strickland was pretty sloppy in his remarks. OK, so some areas, such as the Eastern Shore or Southside are represented disproportionately. Have there been applications from those areas that were turned down? If he thinks there should be more regional diversity, then I would think the administration has the ability to rectify that. After all, don’t they approve the applications? And, if transferring the credits is a problem, there is a simple solution: amend the law to prohibit those transfers.

      And, Jim, regarding the ACL pipeline, I remember reading about opposition coming from a lot of landowners who were not part of the “woke” elite.

      1. LarrytheG Avatar
        LarrytheG

        Yes, I love the ways JAB uses terms like “leftist” and “woke” to describe folks… You are, by definition, a “leftist” or “woke” if you oppose a Dominion pipeline!

  6. Super Brain Avatar
    Super Brain

    Many of these credits are first sold to middlemen like financial planners or CPA firms who mark up the credits and resell to clients. The mark up reduces the tax advantage.
    The economic term for any tax credit is tax expenditure.

    1. LarrytheG Avatar
      LarrytheG

      Yes. And that’s EXACTLY what an enterprising developer actually did in Fredericksburg, and it attracted the attention of some govt folks.

  7. tmtfairfax Avatar
    tmtfairfax

    So why don’t all these rich, White, woke enviros take a goodly chuck of their fortunes, consult with the Black residents of these “under-conserved areas” as to what needs preserving, buy the land in fee and donate it to the state or local governments as open space? And they could also be noble and woke by not taking any income tax deductions for their gifts.

    1. LarrytheG Avatar
      LarrytheG

      Well, you’re talking about larger tracts of raw land owned by folks who are already wealthy and trying to reduce their tax liabilities. Now how many black folk do you think own large tracts of raw land? How would most blacks end up owning such large tracts if they did not inherit it the old fashioned way that many white folks do?

      1. tmtfairfax Avatar
        tmtfairfax

        Larry, you missed my proposal. The wealthy woke white Democrats should buy undeveloped tracts in black communities and donate them to either the state or local government. Perpetual open space in black communities paid for by the woke whites.

        1. LarrytheG Avatar
          LarrytheG

          TMT – Who would own those large tracts of undeveloped land and why would they
          want to sell them ?

          Conservation easements are for those who already own the land and want a tax break on the taxes… no?

          .

        2. Eric the half a troll Avatar
          Eric the half a troll

          This is a good idea. Fund open spaces in black communities on the backs of the rich. I can get behind that.

          1. Matt Adams Avatar
            Matt Adams

            So what is keeping you from using your supposed wealth and doing just that?

          2. Eric the half a troll Avatar
            Eric the half a troll

            Soros doesn’t pay me enough to do that… alas…

          3. Matt Adams Avatar
            Matt Adams

            “Eric the half a troll Matt Adams • 5 minutes ago
            Soros doesn’t pay me enough to do that… alas…”

            What does George Soros have to do with you claiming to no longer having to work? Therefore concluding that you have more than enough money.

            To me it sounds more like you don’t want to put your money where your mouth is and much prefer to use other peoples money.

          4. LarrytheG Avatar
            LarrytheG

            A special tax on Capital Gains and Qualified Dividends?

            Hmm.. I think that’s not a bad approach… some of that already funds Obamacare.

        3. LarrytheG Avatar
          LarrytheG

          I do wonder how many undeveloped tracts of land actually exist in black communities, to start with and who owns them, etc.

          I tend to not have a good view of the current program that was conceived with good intentions of preserving land and has evolved into something of financial benefit to some folks of wealth.

          One who owns a large tract of land and wants it preserved can donate (or sell for cheap) to the Feds, State and non-profits like the Nature Conservancy who will also protect it in perpetuity but severed from financial interests of the original owner.

          The interesting thing is that in some cases, people have put their land into Conservation easements to block a road project and I think, pipelines but apparently there are ways to “undo” it for some projects.

          Seems like that might have been an option for the Union Hill issue.

          So maybe TMT is right. Rich “woke” folks could buy a strip of land in the path of the pipeline and turn it into a permanent conservation easement to get their money back… and block the pipeline?

          1. Thomas Hadwin Avatar
            Thomas Hadwin

            Everyone seems to have missed my post that said the Atlantic Coast Pipeline plowed right through conservation easements. Not only did they not stop the pipeline, they didn’t even alter its route.

            Conservation easements are not the solution to EJ issues. FERC already had a policy to address and avoid EJ communities. Dominion told FERC that Union Hill was not an EJ community. They used county-wide census data to cover up the 80%+ of minority residents in Union Hill.

            The hundreds of people in Union Hill who live adjacent to Dominion’s proposed compressor station, should not be exposed to the volatile organic compounds, fine particulates, radon, etc. that would be released from it. There were other locations to connect to Transco without this exposure.

            It took a US 4th Circuit Court decision to tell the Virginia DEQ that their air quality permitting process failed to properly address the impacts on Union Hill. Yet, the DEQ is applying the same slipshod process to permitting the compressor station in Pittsylvania County.

            The rule of law apparently does not apply to energy projects in Virginia. Our regulators avoid their public duty in order to give the energy companies what they want.

          2. LarrytheG Avatar
            LarrytheG

            TOm – you are right. I missed that about Conservation Easements. I presume they had to do NEPA or NEPA-like since they had to consult with the Army Corp and Forest Service and DOI.

            So even for NEPA, Conservation Easements don’t affect?

            Do you know what 4F is in NEPA?

            Does that not apply here?

          3. Verified Former Utility Exec Avatar
            Verified Former Utility Exec

            It’s called the Supremacy Clause. Federal law trumps state law, Tom. It’s not that the rule of law does not apply; it is that the rule of law does apply. A truth that you casually ignore when it doesn’t suit you, like so much else that you claim.

          4. Thomas Hadwin Avatar
            Thomas Hadwin

            If you are familiar with the FERC process, you would be aware that it does not “trump” state processes – it incorporates them. Water and air quality permits are issued at the state level, not the federal.

            Virginia state law disallows projects that “degrade the waters of the state”. Thus far, that has been ignored by DEQ when issuing permits for interstate pipelines.

            Air quality permits require that site suitability be considered when a permit is issued. The 4th Circuit Court found that the DEQ failed to do that in their process approving the permit for ACP’s Buckingham compressor station.

            The Natural Gas Act requires FERC to determine the need and public benefit of an interstate pipeline. Despite a policy that requires many different ways to assess need, FERC used only the presence of contracts as the sole determination of need. It made no difference to them that the contracts for the ACP were between companies owned by the same parent company, rather than “arm’s length” transactions that might have indicated true market demand.

            FERC accepted Dominion’s assertion that the ACP would save millions of dollars per year. Data on the public record showed that using the ACP would result in billions of dollars of added energy costs to customers compared to using the ample capacity in existing pipelines.

            As a former utility executive myself, I recognize that Dominion does a relatively effective job in providing energy to its customers. However, it fails to balance the interests of its customers with the interests of its shareholders, and hobbles the SCC’s ability to do so.

            It is important that Dominion succeed in the long run, but to do so it must be willing to accept the more rigorous and balanced processes that exist in other states.

          5. Verified Former Utility Exec Avatar
            Verified Former Utility Exec

            Actually, Tom, whenever a certificate of public convenience and necessity is issued, either at FERC or the VSCC, there is a metes and bounds description for the route and the order provides the power of eminent domain. Thus, a state-created land interest, in this case a conservation easement, is subordinate to the federal power exercised under the Commerce Clause and the Supremacy Clause trumps it. See Penn East Pipeline v. New Jersey, US Supreme Court, June 29, 2021 (Section 717(h) of the Natural Gas Act authorizes FERC certificate holders to exercise eminent domain to condemn all rights-of-way, whether held by private parties or states). The same concept holds under Virginia law, because the VSCC is constitutionally assigned such authority over public service corporations. This is really basic law, and has been for a long time.

          6. Thomas Hadwin Avatar
            Thomas Hadwin

            This comment came in so long after the discussion moved on, I almost missed it.

            You are correct in saying that federal jurisdiction “trumps” state and local authority.

            I should have said that the FERC process “does not always “trump” state processes – it sometimes incorporates them.”

            Thank you for the clarification.

            The federal authority for issuing the air and water quality permits for the Atlantic Coast Pipeline was delegated to the State of Virginia, which is common practice.

            My point was that FERC did not follow its own established policies when it failed to fully assess the need for the ACP.

            The Virginia DEQ failed to follow its established permitting procedures when it issued an air quality permit for the ACP’s Buckingham compressor station. This was made clear in a ruling by the U.S. 4th Circuit Court.

            Our regulators are supposed to protect the interests of the people as well as the interests of project developers. That balance was missing with the ACP.

          7. LarrytheG Avatar

            NEPA 4F and EJ are big deals for FHWA but apparently not so with FERC.

          8. LarrytheG Avatar
            LarrytheG

            but to be fair – if FHWA or VDOT were proposing a new road, the likelihood is that they would correctly identify union hill as a minority community and NOT build a new road through there.

            The reason why that did not happen for the pipeline has to do with how FERC does NEPA – which in a word is not well and in turn, the reason why Dominion got whacked in the courts.

            You have to do NEPA right – no matter whether you are FHWA or FERC. And in both cases if you do it wrong and the other side has the resources, you lose in court.

            FHWA/VDOT have learned that lesson – they now identify minority communities and avoid them in their alternatives analysis process.

            I’d bet dollars to donuts that VDOT woud not plan a road through Union Hill.

  8. Stephen Haner Avatar
    Stephen Haner

    Yep, classic “anti-racism” thinking. This tax benefit flows largely if not exclusively to white (did they ask that on the form or assume?) and wealthy (a given since you have to own the land) people, so it is per se racist. Oppression was clearly the goal. Oh, and it is also flaming capitalism, land being a major capital asset, and thus equally objectionable. Like you, Jim, I find the quandary this creates for the liberal and landed rather humorous. (But must confess, as a Wintergreen homeowner we benefitted indirectly from a major conservation easement granted to that entity.)

    Either of the following solutions will work for that point of view. End the tax breaks immediately. Or confiscate and redistribute a substantial portion of the land.

  9. …but here in Virginia, nearly all of the $1.8 billion spent on land conservation over the past two decades mostly benefited well-to-do white people.

    and,

    The tax credits are among the most generous in the country. Participating landowners receive a tax credit equal to 40% of the value of their easement, with a statewide allocation capped at $75 million.

    Once again, a reduction in taxes collected is being discussed as if it is a government expenditure. Please don’t do that.

  10. Peter Galuszka Avatar
    Peter Galuszka

    New York based County Waste plans a huge garbage dump in Cumberland County in an historically Black area. There are plenty of valid issues about environmental racism.

    1. Matt Adams Avatar
      Matt Adams

      Perhaps it has more to do with the price for that land than it does racism. I suppose one could argue that the land is cheaper and therefore minorities are more likely to occupy it, but that’s a far jump to “racism”.

    2. LarrytheG Avatar
      LarrytheG

      I’m somewhat familiar with Environmental Justice for Federal projects that require NEPA. I’m not sure it even applies to State and local projects (unless the State has it’s own version), and apparently it was not involved in the Union Hill issue with the ACP.

      Also, not sure if a Virginia-sanctioned Conservation Easement would block a FERC pipeline project.

      If it would have , I would have though a strip of land adjacent to Union Hill would have forced Dominion to go around.

  11. Peter Galuszka Avatar
    Peter Galuszka

    I am sure that cheap land is a big factor but Cumberland is one of the poorest counties the state. It would impact an area where Blacks have lived for years. Also, it’s a fair bet that County Waste will use the project to import garbage from others states and country just as Waste Management has done.. Why should these people be impacted? Why can’t places such as New Jersey dispose of their trash in their own state? I remember once waiting for an Amtrak in Fredericksburg. The train was late but I noticed that two big unit trains of garbage cars rolled past. The markings seemed to say New York and New Jersey. Doubtful; County Waste would try to site the thing at Wintergreen or Lake Monticello.

    1. LarrytheG Avatar
      LarrytheG

      The trains are a vast improvement over the former method of tractor trailers! And over their original plan – barges up the Rappahannock. Maybe lesser of evils.

      However – along those same lines, we’ve had issues with CSX “parking” tank cars full of ethanol in the tracks behind a black neighborhood and that sorta highlights the “wrong side of the tracks” issue also!

      1. Matt Adams Avatar
        Matt Adams

        Railroads don’t tie down cars behind neighborhood because of who lives there. They tie them down on sidings which were there before the neighborhoods existed, which the railroad owns.

        Your perceived “racism” in every aspect of life is just a projection of your own guilt and behavior.

Leave a Reply