On Saturday June 1st, 7 Directions of Service, co-sponsored by Movement Rights, the Global Alliance for the Rights of Nature, and the International Rights of Nature Tribunal hosted “The Yesah Tribunal: Mountain Valley Pipeline and the Rights of Rivers”.
Rights of Nature Background
The Rights of Nature—including the Rights of Rivers—is the fastest growing environmental justice movement in the world with laws in over 30 countries. Recognizing that Nature has the right to exist, evolve and carry on its vital cycles free from destructive projects like pipelines places legal and enforceable obligations on humans to live within the boundaries of the natural world.
More than just a legal construct, this Indigenous-led movement is working to bring ancestral wisdom, traditional ecological knowledge, modern science and law together to shift how we as humans live. Tribunals like the Yesah Tribunal are opportunities to practice and embody this critical paradigm shift.
Over the past few years, 7 Directions of Service and their partners have been working to draft and pass state laws that would recognize Rights of the Haw and Dan Rivers, to stop destructive projects like the MVP from moving forward. HB923, the Rights for the Dan River Ecosystem Act, was recently introduced in the NC General Assembly.
MVP Background
The Mountain Valley Pipeline is an incomplete, underground 42-inch fracked gas transmission pipeline project that is steamrolling its way over life-giving water and land across 303 miles, from northern West Virginia to southern Virginia.
Construction has involved over 500 violations of permit conditions, laws, and regulations, and 75% of the route slices through landslide and earthquake-prone terrain, including sacred Indigenous burial sites, waterways, and the Jefferson National Forest. Frontline communities and Water Protectors have been fighting the harmful, unnecessary pipeline for nearly 10 years, and came extremely close to canceling it.
In June 2023, the MVP mainline was fast-tracked by Congress and the White House, a result of being folded into the nation’s must-pass debt ceiling legislation. The MVP provisions forced the approval of all remaining federal permits, and forbids judicial review of any permits. The provisions did not include fast-tracking the MVP Southgate Extension, which is missing all necessary permits to begin construction of the proposed 31 mile extension of the mainline into North Carolina.
The Yesah Tribunal took place shortly after MVP experienced serious pipe failures during hydrostatic testing in May 2024, and developers have yet to fulfill the safety order they agreed to. All while MVP demands FERC grant the project an in-service request.
Yesah Tribunal Proceedings
President of the Yesah Tribunal Casey Camp Horinek opened the morning session, where a panel of 5 Indigenous judges heard testimony on Mountain Valley Pipeline’s countless violations against waterways, ecologies and endemic, keystone species, as well as violations of Indigenous sovereignty. The panel of judges included Heather Milton Lightening, Anishinaabe, nêhiyaw, Blackfoot, Dakota; Hartman Deetz, Mashpee Wampanoag; La’Meshia Whittington, Apalwaci Mvkoke, Afro-Indigenous; and Patrick Suarez, Meherrin Nation. Case presenter Dr. Crystal Cavalier-Keck delivered an overview of MVP’s interlocking damages and destruction, as well as failures of regulating agencies to hold the pipeline accountable, which was fast-tracked in June 2023 as a result of being folded into the nation’s must-pass debt ceiling legislation.
A total of 13 witnesses and experts, cross-examined by Earth Prosecutor Pamela Martin, presented scientific evidence and personal stories of living along the route of MVP:
Each presenter also delivered clear requests for the judges to consider in their deliberation:
After recess and deliberation, judges shared individual conclusions and insights, leading up to declaring the final verdict.
President of the Tribunal Casey Camp Horinek then concluded the Yesah Tribunal by delivering the final verdict in the name of the Rights of Mother Nature, Humanity and future generations:
The verdict delivered by the Judges was based on the provisions of the Universal Declaration of the Rights of Nature, ILO Convention 169, the United Nations and OAS Declaration on the Rights of Indigenous Peoples, the Convention on Biodiversity, and the jurisprudence issued by the Inter-American System and the Universal System of Human Rights, as well as the legislation of the United States of America, and the legislation and jurisprudence advancing the rights of Nature in countries such as Ecuador, Bolivia, Colombia, Panama among others.
As the Rights of Nature movement is unheard of to so many, it’s up to us advocates to learn, spread awareness and educate our communities. Continuing self-education and information-sharing are ongoing forms of support you can offer.
Legal documents
Stop Mountain Valley Pipeline Toolkit
*updated 6/4/2024
Context:
Pipe being used to complete construction of Mountain Valley Pipeline has been sitting in the open sun, in some cases, for 6+ years. This degrades the pipe coating, reducing the pipe’s integrity and potentially leading to weld failures & leaks, and increasing the risk of explosion. The Pipeline and Hazardous Materials Safety Administration had serious concerns with the project and issued a safety order and consent agreement with developers. Now MVP is trying to get permission to place the pipeline “in service” before they’ve completed necessary requirements of the consent agreement with PHMSA.
Ask FERC to DENY MVP’s request for ‘in-service’ permission!
MVP is asking for “in-service” permission NOW – before they’ve completed necessary requirements of their safety consent agreement with the Pipeline and Hazardous Materials Safety Administration.
1) Submit a comment into docket CP16-10-000 via www.ferc.gov or via eComment here.
Sample WRITTEN script – modify it to make it personal!
I ask that FERC’s Director of the Office of Energy Projects, Terry Turpin, deny MVP’s request to go in service at this time. MVP acknowledges this request is being made before the requirements for Sections 16 and 19(A) of the Consent Agreement with PHMSA have been met. There is a significant percentage of required measures remaining for Spreads G & H including hydrotesting. Hydrostatic testing has resulted in a rupture and in sedimentation events in Virginia requiring the ruptured pipe to undergo a metallurgical study. Further testing failures are occurring and there is still construction ongoing. As the requirements of the consent agreement with PHMSA have not yet been met, permission to place the project in operation is premature and should not be considered until all required testing is completed and the pre-operational requirements of the consent agreement has been reached. Please deny MVP’s ‘Request to Place Project Facilities In Service.’
2) Contact the Office of Energy Projects: 202-502-8700
Ask: What is the timeline for this process and share your safety concerns!
For elected officials along the MVP route – ask them to weigh in to FERC and submit a comment! Additional asks: ask them to make a public statement, file something in the docket, contact PHMSA, etc.
Sample script: “My name is ____ and I am a constituent/concerned resident. I am concerned that MVP is asking FERC for permission to go ‘in-service’ before they have completed the safety requirements from the agreement they reached with the Pipeline and Hazardous Materials Safety Administration (PHMSA). Pipe ruptured during hydrostatic testing in Bent Mountain, VA, construction is still active, and only 64.2% of the route has been restored. The community is not being given any updates, timelines or answers. An in-service permission should not be granted at this time and our community’s safety is at risk. Pease ask Terry Turpin, the FERC’s Office of Energy Projects Director, to deny MVP’s request.”
Federal
Senator Mark Warner – DC Office (202) 224-2023; Roanoke office: (540) 857-2676
^^^^ mention that Sen. Kaine has weighed in + ask him to file a letter! (additional offices)
Constituents please submit a comment here
Representative Morgan Griffith – thank him for recent comments + ask him to file a letter!
DC Office (202) 225-3861; Christiansburg office: (540) 381-5671
**Rep. Griffith recently said in a statement to E&E News: “Mountain Valley has given the impression that all is well with the project. Despite this, the sudden failure of one pipe is an alarming development. I believe the full pipeline should be tested before there is any discussion of placing it into service.” <<<< Mention this comment when calling other offices
Senator Tim Kaine – thank him for recent comments + ask him to file a letter!
DC Office (202) 224-4024; Roanoke office: (540) 682-5693 (additional offices)
Constituents – please submit comment here
“The testing has shown all kinds of problems,” Sen. Tim Kaine (D-Va.) said on Capitol Hill. “There continue to be the kind of environmental violations that slowed them down before. It’s not like Congress waving a magic wand saying, ‘Do this project,’ made it a project being done well. So I’m not happy with that.”
State
Senator Bill Stanley (540) 821-3066 (Franklin)
Senator David Suetterlein (540) 302-8486 (Parts of Montgomery, Roanoke)
Senator Christopher Head (540) 283-2839 (Craig)
Senator Travis Hackworth (276) 345-9112 (Giles)
Senator Tammy Mulchi (434) 374-5129 (Pittsylvania)
Delegate Jason Ballard (540) 787-5011 (Giles, Montgomery)
Delegate Terry Austin (540) 254-1500 (Craig)
Delegate Joseph McNamara *confirming phone# (Roanoke County, part of Roanoke City & Salem)
Delegate Joseph Obenshain (804) 698-1041 *in session# (Part of Montgomery, Roanoke)
Delegate Will Davis (540) 963-5221 (Franklin, part of Roanoke)
Delegate Danny Marshall (434) 797-5861 (Part of Pittsylvania)
Delegate Eric Phillips (434) 326-5878 (Part of Pittsylvania)
Delegate Eric Zehr (434) 333-6333 (Part of Pittsylvania)
*Delegate Sam Rasoul (Part of City of Roanoke) has submitted this letter asking for denial signed by 22 other VA legislators
Federal
Senator Joe Manchin (202)-224-3954
Representative Shelley Capito (202) 224-6472
Sample script: “My name is ____ and I am a constituent. I am concerned that MVP is asking FERC for permission to go ‘in-service’ before they have completed the safety requirements from the agreement they reached with the Pipeline and Hazardous Materials Safety Administration (PHMSA). Pipe ruptured during hydrostatic testing in Bent Mountain, VA, construction is still active, much of the route in VA has not been restored. In-service permission should not be granted at this time and our community’s safety is at risk. You claimed that even when you backed this project, you supported the safety of communities. Please ask Terry Turpin, the FERC’s Office of Energy Projects Director, to deny MVP’s request at this time.”
Federal allies + key committee members
Sen. Bernie Sanders (202) 224-5141 *ask to submit message to FERC’s OEP
Sen. Maria Cantwell (202) 224-3441 (Senate Comm on Energy and Natural Resources)
Rep. Raúl Grijalva (202) 225-2435 *ask to submit message to FERC’s OEP
Rep. Frank Pallone (202) 225-4671 (Ranking member, House Energy and Commerce Comm)