LEWISBURG, W.Va. - Pipeline companies who want to build lines through West Virginia and neighboring Virginia have told some landowners they can survey on their land without the landowners' permission. Legal experts, however, say those companies don't have that right - yet.

Attorney Joe Lovett with Appalachian Mountain Advocates says pipelines can only claim eminent domain, and the right to survey without permission, when they prove their projects serve a genuine public need. He says the pipeline companies in question haven't done that.

"The power of eminent domain is an extraordinary power, only granted for public purposes," says Lovett. "It's improper for a company just to assert that its project is for public use, without actually having had that determined."

Three planned natural gas pipelines - including Dominion's huge Atlantic Coast Pipeline - would bring Marcellus Shale natural gas to eastern states, including Virginia and North Carolina.

The companies say the pipelines are needed to bring natural gas, largely extracted by hydraulic fracturing, or "fracking," to market. Dominion has sent letters to West Virginia and Virginia landowners, indicating they may sue if denied permission to survey for the pipelines' routes. Lovett and other lawyers have described that as bullying.

More importantly, Lovett says, the pipeline companies' threat to litigate might be a bluff. He says if a pipeline is coming through your land, get an attorney.

"My best advice is don't sign anything without a lawyer," he says. "No one should sell their land or go through the eminent-domain process unless they're represented, and there are plenty of good lawyers around to help represent them."

Lovett says three large pipelines all being planned, and even if one can prove the public need to claim eminent domain to federal authorities, that might mean the other two can't.

"Even if one of them is necessary - and even that hasn't been established yet - whether two or three are necessary is even more problematic," he says.

Lovett notes none of the pipelines have approval from a court or federal regulatory authority that would enable them to claim eminent domain.


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Environmental groups in Minnesota are considering their next steps on the heels of a regulatory decision they said weakens the state's landmark carbon-free electricity law.

Late last week, the Public Utilities Commission clarified which technologies should be in the mix, as energy providers try to meet the requirement of 100% carbon-free electricity by 2040. The commission opened the door to allowing biomass -- namely the burning of wood -- and trash incineration to count as clean sources.

Barbara Freese climate program attorney at the Minnesota Center for Environmental Advocacy, said it is troubling the commission did not rule biomass options out.

"The law clearly said that to be carbon free, a generating source has to generate without emitting carbon dioxide," Freese pointed out. "These two sources of electricity, solid waste and biomass, emit tremendous amounts of carbon dioxide."

But utilities like Minnesota Power prioritize biomass as a form of renewable energy, with supporters arguing it is better to burn wood scraps from the logging industry than let it decompose. They argued it creates other carbon dioxide issues, and a carbon-neutral approach helps carry out the mission of the law. The commission decided more analysis is needed to get a clearer picture of the eligibility of these sources.

Despite the outcome, Minnesota's carbon-free requirement is not going away as the state added renewables like wind and solar. Freese expressed concern about what lies ahead.

"We can't be confident that the wording of the law will be accurately enforced," Freese contended. "And that is very troubling because there's going to be a lot of pressure to try to weaken this law."

She suggested pressure will not end with last week's decision. The law provides "offramps" for utilities struggling to meet the standard if clean-energy technologies are too costly or hinder grid reliability. And there is a push in the Midwest region to approve carbon-capture projects, with skeptics arguing some proposals are too large-scale and have yet to prove their effectiveness.


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In Kentucky, 462 businesses, farms and schools have received $77 million in federal funding to boost energy efficiency through the U.S. Department of Agriculture's Rural Energy For America Program, according to a new report.

The program provides loan guarantees and grants to farmers and rural small businesses.

Quenton King, government affairs specialist for the group Appalachian Voices, said the program is critical for helping agricultural producers and those in the tourism economy keep operating costs down.

"We're really grateful to the two Kentucky farms that agreed to talk with us, SouthDown farm in Letcher County and Sylvatica, a forest farm in Rockcastle County," King pointed out. "Both of those farms got a REAP grant to build solar arrays on their property."

SouthDown Farm in Letcher County received more than $7,000 from the program in 2020, enabling its owners to install a 20-kilowatt solar array. Sylvatica Forest Farm was awarded more than $11,000 in grant funding. Both businesses said the solar infrastructure will help reduce their energy consumption and lower their electric bills.

The infusion of an additional $2 billion for the program through 2031 as part of the Inflation Reduction Act will bring more energy efficiency and clean energy projects to Appalachia, King emphasized. He noted despite the funding boost, demand for the program continues to outpace available funding.

"We're looking at a future where people might not be able to apply for projects, or get money for projects," King projected. "That's really disheartening."


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Indiana is positioning itself as a national leader in clean energy, driving economic growth through innovative projects and significant investments.

Economic development officials said Indiana's heavy industry and manufacturing capabilities make it a natural partner for emerging technologies like carbon capture, hydrogen and solar power.

Andrea Richter-Garry, senior vice president of global strategy for the Indiana Economic Development Corporation, said clean energy is transforming the state's economy and creating new opportunities.

"A great example of that would be Heidelberg Materials down in Mitchell, Indiana, receiving a huge Department of Energy grant to be able to push forward a carbon capture project that will lead to low carbon cement," Richter-Garry outlined. "Wabash Valley just announced a huge project in Terre Haute."

Some opponents have said the best approach is to hold back on renewables, arguing technology will get better and be less disruptive to landscapes. Richter-Garry countered Indiana's manufacturing strength is a critical component of the transition. The clean energy industry has brought in $12 billion in capital investments, more than $40 million annually in taxes, and about $35 million a year in lease payments to Indiana landowners.

Richter-Garry noted Indiana's workforce and existing infrastructure are well-suited to produce essential clean energy components, including wind turbines and solar panels, helping meet national and global energy goals.

"The Mammoth Solar project, that 13,000-acre solar farm is going to generate 1.3 gigawatts of power," Richter-Garry pointed out. "That's 75,000 homes. Indiana again has the correct kind of landscape as well as some of the local partnerships to be able to continue that trend."

Indiana's clean energy initiatives are not just about sustainability, they are about securing the state's economic future. By leveraging its strengths in manufacturing and innovation, Indiana is paving the way for a prosperous green economy to benefit communities across the state.


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