Why Is the CBF Fighting a Compressor Station 200 Miles from the Chesapeake Bay?

The red dot shows the approximate location of the proposed Lambert Compressor Station two miles east of Chatham in Pittsvylania County. The map shows the location of the Dan River watershed. The Dan River empties into the Roanoke River, which empties into Albemarle Sound, N.C.

by James A. Bacon

The Virginia Air Pollution Control Board voted 6 to 1 today to deny a permit for a natural gas pipeline compressor station in Pittsylvania County. The station is integral to the Mountain Valley Pipeline Project.

The site lies “within five miles of four communities with strong African American and American Indian roots” that are considered “environmental justice communities,” states a press release from the Chesapeake Bay Foundation. The CBF had joined the Virginia Sierra Club and residents Elizabeth and Anderson Jones in opposing the compressor station.

“We hope this shows that Virginia is prepared to make environmental justice a reality,” said CBF staff attorney Taylor Lilley in a CBF press release. “The safety of marginalized and vulnerable communities must continue to be a prominent consideration in these proceedings. This is also an opportunity to prevent a new source of air pollution to the Chesapeake Bay.” (My italics.)

Let’s set aside the precedent of shutting down a compressor station on the grounds that it is located five miles from a “marginalized” community. Let’s ignore the issue of what kind of economic opportunities the shutdown might foreclose for minorities. Please focus on the final sentence in the quote. If you thought that the mission of the Chesapeake Bay Foundation was to protect just the water quality of the Chesapeake Bay you are sadly mistaken.

The proposed location of the compressor station lies in the Dan River watershed. The Dan River flows into the Roanoke River, which flows into Albemarle Sound … in North Carolina. So clearly, there is no justification for the CBF to get involved on water-quality grounds. No, the CBF comes right out and says it is concerned about air quality.

According to The Virginia Mercury’s reporting, Department of Environmental Quality Air Division head Mike Dowd told the board that beyond 300 meters from the proposed site, “there is no discernible impact in air quality.” Summarized the Mercury:

“The proposed facility would have been one of the most stringently controlled natural gas compressor stations in the United States,” Shawn Day, a pipeline spokesperson, wrote in an email. “The board’s decision is not supported by the factual evidence and the rigorous examination presented by MVP Southgate, an independent consultant, and DEQ staff which demonstrated that the project’s advanced design would have no adverse impacts on public health.”

Now, consider the fact that Chatham is approximately 200 miles from the Chesapeake Bay. If there is no discernible impact on air quality beyond 300 meters, it stands to reason that there’s no discernible impact beyond 200 miles.

Bacon’s bottom line: We can look forward to Virginia’s governor-elect, Glenn Youngkin, replacing the environmental zealots on the Air Pollution Control Board. But what is to be done about the CBF?

The Chesapeake Bay Foundation has long positioned itself as a mainstream environmental organization with a single clear focus: improving the water quality of the Chesapeake Bay. That’s why the public has supported it with so much charitable giving. But the nonprofit has morphed into an activist environmental organization whose interests extend outside the Chesapeake Bay watershed to “environmental justice” cases of dubious value some 200 miles away.

If you donate to the CBF, make good and sure you’re on board with its new priorities, which reflect the values of White environmentalist activists for whom “environmental justice” is merely a useful ploy to advance their real goal of shutting down the carbon economy.

Update: The Virginia Mercury reports that the Board vote was 5 to 2, not 6 to 1 as the CBF press release had said.

Update: Kenny Fletcher, CBF spokesman responds to this post here.


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41 responses to “Why Is the CBF Fighting a Compressor Station 200 Miles from the Chesapeake Bay?”

  1. Nancy Naive Avatar
    Nancy Naive

    Chesapeake Foundation Bay?

    1. Stephen Haner Avatar
      Stephen Haner

      It is a war on fossil fuels, Jim. That is all you need to know. All is fair in love and war. CBF is just one of many foot soldiers. The fact that “global warming” has been absent/paused/MIA since before Trump was elected is the best kept secret of all:

      https://wattsupwiththat.com/2021/12/02/the-new-pause-lengthens-by-a-hefty-three-months/

      Don’t tell Trump or he’ll claim credit….

      That compressor would have posed no hazard at all to anybody. They simply want to prevent any use of natural gas. Cui bono? The solar and wind industry. With all these efforts, always ask, cui bono?

      1. Nancy Naive Avatar
        Nancy Naive

        I was hoping for a watershed moment from you. Oh well.

      2. Nancy Naive Avatar
        Nancy Naive

        “That compressor would have posed no hazard at all to anybody. ”

        “DURANGO, Colorado (Reuters) – BP is investigating the cause of an explosion at a natural gas compressor station in western Colorado that killed one worker and injured two others, the latest deadly accident to plague the international oil major in the United States.”

        Ad nauseam…
        https://en.m.wikipedia.org/wiki/List_of_pipeline_accidents_in_the_United_States_(1900–1949)

      3. Dick Hall-Sizemore Avatar
        Dick Hall-Sizemore

        I checked out the article you linked to. I couldn’t follow any of it. It was totally foreign and had lots of terms which were quite unfamiliar. I decided to check on the author, Christopher Monckton, assuming he must be extremely qualified.

        According to Wikipedia, Monckton is a British peer, a Viscount. Although I began to have doubts, I decided not to hold that against him. However, his biography has no mention of any training or education in climatology, or any science for that matter, or in mathematics.

        Monckton claimed to have served as the science adviser to Prime Minister Margaret Thatcher. The Environment Minister under Thatcher said that Monckton “was a bag carrier in Mrs. Thatcher’s office. And the idea that he advised her on climate change is laughable.” Thatcher herself, in her memoirs, does not mention Monckton and refers to another person as her science adviser.

        In addition to being an outspoken climate change denialist, Monckton has expressed strong views on other controversial subjects. He once declared that the only way to stop AIDS would be to screen every individual once a month. Anyone found to be infected should be forced into isolation “immediately and permanently”.

        The Wikipedia article concludes with this observation: “The Science and Public Policy Institute, of which Monckton is policy director, has published nine non-peer-reviewed articles by Monckton on climate-change science.”

        https://en.wikipedia.org/wiki/Christopher_Monckton,_3rd_Viscount_Monckton_of_Brenchley

        This guy does not seem to be the best source to cite regarding climate change.

        1. LarrytheG Avatar

          That website is the go-to for anti-science climate change skeptics and deniers:

          https://uploads.disquscdn.com/images/cef2a05b85725255066644ee08da05fc958182fbe2b279679e116cf5e76b1e18.jpg

          https://cdn.vox-cdn.com/thumbor/25lWm1gmKIm_rnIMXZsYgXYox44=/0x0:1419×1431/1200×0/filters:focal(0x0:1419×1431):no_upscale()/cdn.vox-cdn.com/uploads/chorus_asset/file/20045307/Screen_Shot_2020_06_20_at_11.15.25_PM.png

        2. Nancy Naive Avatar
          Nancy Naive

          You’re lucky. When I go to that link, all I get is a white screen, even it text mode. Based on what you say about it, maybe I’m the lucky one.

          Nevertheless let’s face it, Steve can find justification for climate change denial in this article…
          https://images.saymedia-content.com/.image/t_share/MTc0NDM3MjM2MDEwNTI2MzQy/word-search-puzzle-strategies.png

        3. Stephen Haner Avatar
          Stephen Haner

          The satellite data is tracked by the University of Alabama Huntsville (you know, the space center town?) Your ad hominem dismissals of the blogger ignore the data. YOU I expect more from Dick. Not Larry. He thinks polls trump data.

          1. LarrytheG Avatar

            Polls REFLECT who believes what data or not.

            When an overwhelming majority of the world’s climate scientists provide data that supports their concerns and an overwhelming majority of people do, in fact, accept that data, the skeptics and deniers just continue their ignorance and now it’s bled into other fields like vaccines and elections… same folks, same problem.

          2. LarrytheG Avatar

            once again – an Ad Hominem is a PERSONAL attack from one person directly to another.

            It is NOT a person’s view of another persons behaviors and actions.

            Folks in BR actually believe the opposite sometimes!

          3. Nancy Naive Avatar
            Nancy Naive

            Lack of creds is not an ad hominem. It’s a lack of creds.

          4. LarrytheG Avatar

            as in…..” no mention of any training or education in climatology, or any science for that matter, or in mathematics.”

            so shame on you Dick for bringing that up….. and engaging in an Ad Hominem…. BR rules you know….

          5. Nancy Naive Avatar
            Nancy Naive

            Steve,
            Dick has called into question the ability of your source to interpret the data, not the quality of the data and its source.
            Whether or not your source has correctly interpreted the data can be determined by merely finding someone who is qualified having reached the same conclusions.
            Do you regularly rely on your attorney to evaluate your MRI results?

      4. Eric the half a troll Avatar
        Eric the half a troll

        Fugitive methane emissions is a real thing, you know. Oh, that’s right to that is all good… so sorry…

  2. tmtfairfax Avatar
    tmtfairfax

    Mission creep. Nonprofits that “solve” their problems or even make great progress in addressing them may not get as much money in the form of contributions. And the key employees are more interested in their compensation and longevity than the mission.

  3. LarrytheG Avatar

    Such a diversion from the decision!

    why was the permit denied by the State ?

    “I have concluded that when we equitably consider — not just consider but equitably consider — the potential negative impacts of this permit on this community, granting this permit would not promote environmental justice,” Air Board member Hope Cupit said Friday, in the second day of hearings on the Lambert Compressor Station being held in Chatham.

    The board based its denial on a determination that the permit did not meet “fair treatment” requirements under the Virginia Environmental Justice Act passed in 2020 and that the site was not suitable for a compressor station given state law and the 4th Circuit Court of Appeals’ 2020 decision in the Friends of Buckingham case that Virginia had erred in issuing an air permit for a compressor station in the predominantly Black community of Union Hill in Buckingham County. ‘

    ” “I have concluded that when we equitably consider — not just consider but equitably consider — the potential negative impacts of this permit on this community, granting this permit would not promote environmental justice,” Air Board member Hope Cupit said Friday, in the second day of hearings on the Lambert Compressor Station being held in Chatham.

    The board based its denial on a determination that the permit did not meet “fair treatment” requirements under the Virginia Environmental Justice Act passed in 2020 and that the site was not suitable for a compressor station given state law and the 4th Circuit Court of Appeals’ 2020 decision in the Friends of Buckingham case that Virginia had erred in issuing an air permit for a compressor station in the predominantly Black community of Union Hill in Buckingham County.”

    This is a for-profit private venture that wants to use the state power of eminent domain – essentially to take property from one property owner to give to another to economically benefit the other.

    Unless mistaken, it has already been determined that Dominion will
    have plenty of gas for electricity, and this is to sell it to commercial businesses to benefit their investors.

    I don’t agree with CBF’s position, and I think it will harm some support for them by them straying beyond their basic mission.

    But again, CBF did not veto this project, the Virginia Air Pollution Control Board did.

    The question that comes to mind again, no matter how one feels about environmental justice is why the company can’t route around this area and/or find some compromise agreement with the impacted community.

    For instance, do they offer gas to that community for economic development or even heating for residences?

    They can’t negotiate a solution and go running to the State to force the community to bow to the private sector company?

    Now, I’m also wondering if Youngkin can or will change it….

  4. Verified Former Utility Exec Avatar
    Verified Former Utility Exec

    I watched the end of the Air Board’s meeting, and I have to say, I’m not sure how many serious people serve on the Air Board any more. Among the items in the record that the Board ignored in its finding about “fairness,” is the fact that the DEQ staff found that the amount of emissions would be essentially undetectable, and that since the project and the compressor station were announced, a church was constructed, lots near it were subdivided, and new homes built. So, people and organizations with knowledge of the proposed facility bought land near it and decided to move close to it. The staff gave expert advice and the majority of the Board ignored it. This was not a close call requiring the application of close scrutiny by a citizen board, it was a classic hit job. The DEQ staff even cautioned the Board that denial of such a technically non-controversial permit would wreak havoc on the permitting process.

    We have now seen the effect that an over-zealous Democratic General Assembly, including especially Jennifer McClellan, D- Statewide, will have on our economy for years to come.

    1. LarrytheG Avatar

      If the air board can be replaced by Youngkin, this is just a speed bump…. 😉

      but again, why not just avoid this community to begin with?

      why go through all this?

      this is NOT a public need project. This is a for-profit private venture that seeks to have the State give them the power of eminent domain to enrich their own venture and investors… even if there were zero impacts, that’s fundamentally unfair and state-sanctioned crony capitalism.

      1. Dick Hall-Sizemore Avatar
        Dick Hall-Sizemore

        I agree with your last paragraph. I don’t know anything about the law in this area, such as whether the Bord could have denied the permit on the grounds you stated. If it could, it would have been better for it to have used that as the basis for its decision. The issue of “environmental justice”, while valid in concept, is so vague that it can be wielded to block anything.

      2. Stephen Haner Avatar
        Stephen Haner

        Riiiigggt. No public need for a steady, even growing, supply of natural gas in a booming economy. Gosh Larry, are the wind and solar people working just for public good but the gas companies are evil?

        1. LarrytheG Avatar

          I’m just fine with the demand and need but if it is a investor for-profit venture their business activities need to be their own on their own financial merits without the govt forcing other property owners to sacrifice their own property interests.

          If there is a TRUE “need”, then all costs associated with providing it need to be borne by the investors, not other unwilling property owners.

  5. James Wyatt Whitehead Avatar
    James Wyatt Whitehead

    570 jobs and $1.2 million in tax revenue for Pittsylvania County are at stake. https://www.deq.virginia.gov/home/showpublisheddocument/5240/637492665750470000

    1. Nancy Naive Avatar
      Nancy Naive

      You’d think then, that the company would have fulfilled the necessary requirements for approval.

      1. LarrytheG Avatar

        does anyone think the 570 jobs are just for that compressor station or the 1.2 million in taxes is per year and won’t affect property values of properties nearby?

  6. Eric the half a troll Avatar
    Eric the half a troll

    “But what is to be done about the CBF?”

    Boy, that is chilling question about a private foundation…. but thanks for the recommendation. I’ll get my checkbook out.

    1. Nancy Naive Avatar
      Nancy Naive

      CBF, ACLU, Planned Parenthood, etc. what’s the phrase? It’s right on the tip… oh yeah, cancel culture!

      1. LarrytheG Avatar

        The question is: Would Mia Love talk like this?

        😉

  7. Peter Galuszka Avatar
    Peter Galuszka

    It is a shame that BR’s quality has slipped now that it is into culture wars and White Grievance.One has to read other sources to get the full perspective.

    That’s the case with the Lambert Compressor. Here’s the part Mr. Bacon left out from the Virginia Mercury:

    “The board based its denial on a determination that the permit did not meet “fair treatment” requirements under the Virginia Environmental Justice Act passed in 2020 and that the site was not suitable for a compressor station given state law and the 2020 decision in a lawsuit over the siting of a compressor station for the canceled Atlantic Coast Pipeline.

    “In that case, the 4th Circuit Court of Appeals found that Virginia had erred in issuing an air permit for the compressor station planned for the predominantly Black community of Union Hill in Buckingham County.

    “The decision came as a surprise in Virginia, where denials of air and water permits are rare.”

    So, let’s unpack this. The Air Board made its decision based on a 2020 law and a 4th Circuit Ruling. And Mr. Bacon wants Youngkin to replace the Air Board members for following the law?

    I have been following the air and water board on and off since I was an environmental reporter with The Virginian-Pilot back in the 1970s. For decades, both boards never or almost never rejected a company permit. Things have finally changed.

    1. Yeah, let’s unpack this. To say that the Air Board had the right to reject the permit is not to say that the Air Board was right to do so.

      To deny the permit, the Board has to have a reason to rule that the permit did not reach the fair treatment standards. What evidence was presented that the fair treatment standard was violated? The Virginia Mercury article provided no evidence — other than the fact that the station would be within 5 miles of the minority communities in question.

      Read the comment from Verified Former Utility Exec above. There was evidence presented that the environmental impact would be undetectable.

  8. Nancy Naive Avatar
    Nancy Naive

    Well, there ya go…
    “The Lambert Compressor Station is an industrial facility that would pump gas through the Mountain Valley Pipeline in Pittsylvania County. The site lies within five miles of four communities with strong African American and American Indian roots. Given their composition, they are considered environmental justice communities, which requires the Air Board to determine if emissions from the station will disproportionately harm people living nearby.

    The Chesapeake Bay Foundation (CBF) and partners previously raised environmental justice concerns about a similar compressor station for the now abandoned Atlantic Coast Pipeline. That station was proposed to be built adjacent to the town of Union Hill in Buckingham County, a largely African American community. This led to a landmark 2020 decision in the U.S. Fourth Circuit Court of Appeals finding that Virginia did not fulfill its legal duty to determine whether the Union Hill facility would unfairly threaten the health of nearby residents.”

    Somebody did not cross their i’s and dot their t’s… OR, they did and did not want to present their results.

    No excuse for sloppy work.

    As an aside, when I worked for a weapons manufacturer, we were preparing for our first live-fire test targeting a stack of containers on one of the Channel Isles. The test had to be delayed because the company failed to submit an environmental impact statement, and a plan to ensure the safety of a sea lion colony in the target area.

    Contrary to popular BR opinion, people deserve the same considerations as sea lions, even minorities.

    1. LarrytheG Avatar

      I’d like to hear the reason the compressor can’t be moved further away and be done with the issue altogether.

      What is it about these companies that makes them think they can just do what they want and get govt approval to do so?

      This is an investor-driven, for-profit, venture. Find willing sellers and pay a fair negotiated price for those willing to do so and don’t go running to the govt to force private property owners to settle.

      All this talk in BR about rent-seeking and crony-capitalism that goes on in ad infinitum until we get to this issue, and then it’s all about CBF and natural gas haters…

      Engage the opposition and negotiate a willing-seller, willing-buyer transaction like any other business proposition.

      The Govt is portrayed as stupid, incompetent, crooked, corrupt and worse until of course it is
      needed to grant the power of eminent domain to a bunch of private investors to essentially force other private property owners to give up their rights to refuse and/or negotiate.

      bah humbug! ;-0

      1. Nancy Naive Avatar
        Nancy Naive

        Because moving it would put it closer to white people.

        1. LarrytheG Avatar

          who have the $$$ to fight them legally…. same old, same old – site the project near folks who don’t have those $$$…..

  9. Nancy Naive Avatar
    Nancy Naive

    “We can look forward to Virginia’s governor-elect, Glenn Youngkin, replacing the environmental zealots on the Air Pollution Control Board.”

    Okay. But how will he replace the 4th Circuit Court of Appeals?

    Zealots they may be, but in this case, they did their job. They denied the request based on precedent thereby saving all involved from a futile attempt.

    What’s Steve’s favorite saying about insanity?

    1. LarrytheG Avatar

      Well, he’ll need to Trumpsters after all, eh?

      1. Nancy Naive Avatar
        Nancy Naive

        The decision of the 4th could be appealed to the newly politicized SCOTUS, I suppose.

  10. Baconator with extra cheese Avatar
    Baconator with extra cheese

    My take away question is this:
    Will CBF and other groups fight against the proposed off shore windmill factory that has been publicized to be built in Portsmouth?
    Most likely that plant will be applying coatings to those windmill components and will need an air permit for emissions.
    It’s clear Portsmouth is an Environmental Justice community based on both poverty and minority populations. Portsmouth is already over burdened with emissions from shipyards, a Superfund site, and lots of industry along the water. No to mention the port where they want to build the windmill factory.
    Based on the decision made by the Air Board I see no way they can grant a new air permit in Portsmouth. Hell not even for a new auto body paint shop based on their latest decision rationale.

    1. LarrytheG Avatar

      So… would windmills and solar be able to use state-sanctioned eminent domain to build anywhere they want regardless of local ordiances?

  11. Merchantseamen Avatar
    Merchantseamen

    The site lies “within five miles of four communities with strong African
    American and American Indian roots” that are considered “environmental
    justice communities,” states a press release from the Chesapeake Bay
    Foundation. The CBF had joined the Virginia Sierra Club and residents
    Elizabeth and Anderson Jones in opposing the compressor station. Typical drivel. “They” do not want to bring those communities into the 20th century.

    1. Baconator with extra cheese Avatar
      Baconator with extra cheese

      I would guess most locations in the Virginia will lie within 5 miles of African American or “under 80% of the mean average annual income” communities. (Which I believe needs to be only 30% of the population per the EJ Act).
      To not be arbitrary and capricious, the Air Board should deny all permits where this is the case.
      DEQs EJ Director has stated up to 70% of VA may be considered an EJ communities. That doesn’t leave a lot of places to put anyone who may have air emissions. And it definitely removes reuse of any brownfields.

  12. Kenny Fletcher with the CBF provided this feedback:

    To clarify why we state that a compressor station in Chatham could present a new source of pollution to the Chesapeake Bay: About 1/3 of the nitrogen pollution in the Chesapeake Bay comes from air pollution, largely from the burning of fossil fuels. Air pollution can travel for hundreds of miles from its source before eventually being deposited onto land and waterways. Chatham is just over 40 miles from the James River at Lynchburg. So while it’s not within the watershed, emissions there can still impact the Bay.

    More info on air pollution and the Bay on these websites 1. EPA’s Chesapeake Bay Program on Air Pollution 2. Maps: Chesapeake Bay Airshed.

    On the discrepancy between the vote totals we reported and the Virginia Mercury’s original reporting: The confusion here comes from the fact that there were two votes. The first motion was to approve the permit, and it was denied 5-2. The second motion was to deny the permit and it was approved 6-1. The Mercury has since updated their story to reflect the 6-1 vote.

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