Murdered Mountains
‘The injunction to stay off MVP (Mountain Valley Pipeline) property was like a physical gag order – trying to silence me and keep me away from exercising my rights. They’re trying to scare people. I’ve been open, and not tried to hide my identity,’ Oscar explained why the MVP filed a court order against him – he’s been a constant voice and presence with his belief the pipeline should be stopped.
Communities along the MVP route had no input about the project that would forever affect their lives. The law of eminent domain gave the corporation license to seize lands ‘for the public good’ even though the only good to come from this unnecessary pipeline was profit for MVP’s parent company Equitrans Midstream/EQT and its enablers like WV Sen Joe Manchin.
When ‘the public good’ allows corporations to destroy the natural world, communities’ water sources, whole communities of aquatic species, and disregard the science that shows that projects of this magnitude inflict irreparable consequences, individuals are left no recourse. Watching the devastation unfold day by day, hour by hour at one’s home/ community/ water resource is trauma. To act against harm is courageous and necessary… but can run counter to ‘law’ and bring consequences. This is the situation one local individual faced. Although ‘Oscar’ is not being sued for financial damages, his biggest fear is losing his home for exercising his constitutional first amendment rights.
Oscar’s first injunction required him to stay 1000’ from MVP property, and not engage with workers or security, although his house is within 1000’ of the pipeline right-of-way (ROW). When served his injunction papers by a US marshal, and the papers read aloud to him, he was asked, ‘Do you understand?’ Oscar saw the Catch-22 situation he was in, with his house 760’ away from the ROW. Law enforcement assured him, ‘If you behave, we won’t arrest you for being at your home.’ That first injunction was allowed to expire, but a second one followed close behind. Apparently, Oscar was a threat to the $8 billion pipeline.
Oscar is a concerned and outspoken resident, not obliged to let a 42” abomination endanger him, his home and the wider community. As he monitored construction on his road and nearby, MVP’s Global Security workers began showing up regularly at the end of his driveway. At his mailbox, he’d engage with them and although the conversations were sometimes heated, he made no threats. Oscar took photos and was accused of blocking access to a work area despite there being 2 entry/exit points. His patronage of the only gas station and convenience store in the small rural community brought accusations that he’d made violent statements and stalked workers. It was Oscar versus the hundreds of workers that flooded the area. ‘My activities didn’t stop, but I was more careful about standing in the road and I made sure I wasn’t on camera. It opened my eyes: I can’t trust anyone. When security tried to engage, I rolled up my window. I made sure to record interactions for evidence. There was always 2 or 3 of them, and just one of me.’
Oscar’s experience isn’t far fetched. Many landowners and community members have had adversarial encounters with MVP and security. Residents documenting MVP’s work frequently had their pictures taken by workers and security. Driveways and roadways were blocked without warning and for extended lengths of time. Workers lied. Residents’ concerns were dismissed. Crews were flippant amidst the many catastrophic pollution events.
His second injunction was more of the same: An MVP affidavit claimed Oscar had a ‘truce’ with security, and accused him of breaking it to fight MVP. Oscar recalls it differently: security tried to engage him with offers to socialize with them, and offered bribes to ‘leave them alone’ to which he responded, ‘I will sell y’all my farm, but I will never leave y’all alone.’
Global reassured him they’d take care of his well, which had been muddied after construction nearby, and which Oscar surmised was the cause of his water system’s failure. Also offered were the use of ‘environmental’ explosives (whatever that is), and for a third party to perform water tests. The third party water testing company Oscar discovered was a long-time friend of one of the EQT security officers. The test results of Oscar’s well water determined it was ‘pure.’ He was given a business card if he had any further ‘issues.’
Police started showing up for ‘... things I didn’t do or say. They (Global) took photos of my 12 year old son getting on the school bus.’ That crossed a line. EQT security said Oscar was getting irate and he agreed, and offered ‘Y’all quit taking pictures and I’ll quit being aggressive.’ EQT thanked him, but Oscar was served with a new injunction, and the same security officer was back 2 days later at Oscar’s driveway, taking more photos and trying to engage with him. Oscar: ‘They lied to me: FERC, DEQ, PHMSA, state officials and law enforcement. Then they get injunctions against the people who live here. We should be the ones filing lawsuits, but the Supreme Court won’t hear eminent domain cases. The government eliminated the judicial process (through the Fiscal Responsibility Act) to hold MVP accountable. An injunction should be brought against Precision Pipeline, Global Security, Michaels, Eliot, EQT, NextEra, Black Rock Investments - the real criminals - Kramer Security and ConEdison are the ones who need to be injuncted, not people walking on (the ROW), holding up a frigging sign or holding a piece of cardboard. Fuck the pipeline.’
This project has been a 303 mile disaster since it was (poorly) planned. Ten years of fighting the odds against industry, and then to come within a hair’s breadth of winning, only to be sold out for Joe Manchin’s vote is one betrayal too far for communities that have historically been forgotten, if not betrayed.
The pipeline invaded these communities and laid them to waste. There are no reassurances of protection, no answers to the very real concerns of the plausible disasters that will take place due to corroded pipe, degraded pipe coating, inferior pipe steel, rock in the trenches, landslides, earthquakes, unsuitable karst substrate, constantly moving soils… But communities’ voices have been ignored while pipe is buried as quickly as possible. MVP’s business model is to bury the evidence and get out of town quickly before the thing explodes.
Oscar seeks justice. With the ‘pipe welded, in the ground, vented the system, purged the system, I want to go forward to file a motion to dismiss (my injunction) or have my day in court. I hope they drop the suit but it doesn’t really matter. They have no grounds to even file an injunction against me. I want to be in front of a judge. Give me my 5 minutes. On over 100 occasions, courts side with corporations, so it’s pissing in the wind. I’m here to fight by any ways, any means. I want to be able to tell a judge, ‘Bullshit.’ I’d like my day in court and retribution for my right to protest. I’ve been held hostage, but still held signs on the side of the road. It didn’t stop me but always put me in jeopardy because I was involved in legal protest. It does hinder a person’s thoughts (about) a corporation who’d love to take my land and home because of my lawful protest.’
‘The value of my house, acreage, animals, fencing is worthless because my pond went dry and the uncertainty of possibly having no running water is a reality. My home is within the incineration zone. Its resale value is way down. My farm has been lost, is no more. I can’t prove the issues with my water and water quality, but (the town of) Newport had similar issues when MVP pierced an underground aquifer. Pure mud ran into Sinking Creek and local residences. Other local farmers’ livestock died, and their animals suffered spontaneous abortions. The value of my house, acreage, animals, fencing is now gone because of the lack of water. I don’t know what I’m drinking. It’s probably hydraulic fluid, grease, and explosive debris. A lifetime of water testing is needed that I can’t afford. If I have no water one morning, my (property) is worthless. It’s a very real possibility the weed control they spray will be in the groundwater at some point. Is it glyphospate? A gallon of water daily is expensive. I think there are folks that should be held accountable.’
‘The pipeline’s been a blessing and a curse. I’ve witnessed people and all gone along with it. It’s truly a blessing. See how it plays out. A lot of injunctions have been issued, and hopefully nothing will come of them. People are being sued $4.3million because they put a foot on (EQT’s) property? It’s an effective deterrent. No matter what, we won’t back down. If one person is compromised, hopefully others are willing to take their place.’
Emboldened corporations, enabled by their allies in ‘regulatory’ agencies and government, have shed the thin veneer of protections of old. When the profiteers and machines come to destroy our lifeblood, where will we each position ourselves? The willingness to stand alone against a legion of pipeliners is the strength needed if we’re to save ourselves.
Oscar is what stands between that big machine and the murder of the mountain.
I’ll take you to the river / Tell you what I hear
I hear the thunder in the distance / Hear the river say a prayer
Here come the company man / Here come that big machine
Here come the murder of the mountain / Here come me in between
- Written by Joshua Vana, arranged and performed by the SUN SiNG Collective
The profiteers are still at it. The ‘Energy Permitting Reform Act,’ proposed legislation from evil energy overlord WV Sen Joe Manchin, would even further erode environmental protections. Please use this toolkit, created by the stellar Appalachian Voices, to voice your opposition: https://docs.google.com/document/d/17Hg2fQBCjBvdkEKTKQp7VTuJB-eaHPpOF_IcZWTfotY/mobilebasic. The Senate will debate the bill this week, so now’s the time. Check with @appalachianvoices, @7directionsofservice and @powhrcoalition for details including call-in days and times.
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Please donate to the legal defense fund for pipeline fighters: bit.ly/AppLegalDefense. Protectors face ever-increasing and expensive intimidation tactics and legal charges, but remain undaunted.
These worthy on-the-ground groups fight the MVP disaster:
https://www.aapsolidarity.org/
https://powhr.org/
https://7directionsofservice.com/
https://wvrivers.org/