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https://www.politico.com/agenda/story/2019/08/29/appalachian-trail-dominion…
The Trump administration wants Congress to change the law to allow a
massive pipeline to cross the trail on federal lands. Congress should say
no.
By JONATHAN JARVIS
*Jonathan Jarvis served as the 18th director of the National Park Service
from 2009 to 2017.*
08/29/2019 05:05 AM EDT <https://www.politico.com/agenda/>
Dominion Energy wants to run a massive pipeline across America’s treasured
Appalachian National Scenic Trail and some of the least developed wildlands
remaining in the East. This isn’t just a bad idea, it’s an unprecedented
one. Dominion, the Virginia-based power giant that serves customers in 18
states, wants to do something that has *never* been done in the half
century since the iconic hiking path was enshrined in law: force a pipeline
across the Appalachian Trail on federal land managed by the Forest Service.
To get its way, the company must persuade lawmakers to overturn a federal
court decision and change a law that has protected important parts of the
trail for almost 50 years. Congress should say no.
The conservation of the American landscape is a deeply patriotic tradition
to which I have dedicated my life. I grew up in the Shenandoah Valley of
Virginia where my experiences along the Appalachian Trail and in the Blue
Ridge Mountains fostered my love of the outdoors and my career in
conservation. I climbed every mountain within sight of my home and fished
every river. From 2009 to 2017, I served as director of the National Park
Service, capping 40 years at the agency working to ensure—as Congress
required when it passed the National Park Service Organic Act in 1916—that
our national parks remain “unimpaired for the enjoyment of future
generations.”
The Appalachian Trail has been one of the jewels of our national park
system since its creation in 1968. Every year, it draws millions of
visitors, offering the opportunity to explore scenery and solitude from
Georgia to Maine. Lands adjacent to the trail also provide important
habitat for wildlife and plants. Like the creation of the trail itself,
conservation has traditionally transcended politics. As a nation, we have
decided to set aside some areas as national parks or designated wilderness
and establish an American vision of conservation that resonates around the
world. The writer and historian Wallace Stegner called our national parks
“absolutely American” and “the best idea we ever had.”
But that bipartisan idea is now under threat from an administration working
aggressively to undo legal protections for our public lands. One of those
threats is Dominion’s irresponsible route for the Atlantic Coast Pipeline,
a pipeline that would carve its way across the Appalachian Trail, the Blue
Ridge Parkway and two national forests.
To be sure, many roads, powerlines and even pipelines already cross the
trail along its 2,190-mile route, which winds its way across private, state
and federal land. But as I and other trail hikers know, the national parks
and forests where the trail runs are special. Their mountain vistas offer
some of the most scenic and undeveloped wildland hiking in the East.
Dominion’s pipeline would permanently affect the trail experience on these
protected federal lands, carving up a largely forested mountain landscape
with a cleared right-of-way the width of a multi-lane highway.
To achieve its goal, Dominion has courted Trump appointees eager to promote
the administration’s energy-at-any-cost agenda. Two years ago, it looked
like Dominion might get its way. In January 2018, the Forest Service gave
the company a permit to cross the Appalachian Trail on national forest
land, but a coalition of conservation groups quickly challenged the
decision in federal court. Eleven months later, the court concluded that,
under federal law, the Forest Service did not have legal authority to allow
the crossing and invalidated the permit. Dominion wants to overturn this
court decision in Congress.
The court relied on a federal law known as the Mineral Leasing Act, which
since 1973 has prohibited oil and gas pipelines from crossing all units of
the national park system, including Appalachian Trail segments on federal
land. Almost five decades ago, Congress understood that pipelines presented
extraordinary risks—including the effects of heavy construction, spills and
explosions—that have no place alongside the natural beauty that our park
system protects.
Dominion wants lawmakers to upend that protection, changing the law to
allow the Atlantic Coast Pipeline to cross the trail on national forest
land. Congress should not roll back this longstanding protection for the
Appalachian Trail on federal lands. Dominion has other options to cross the
trail, and it must work with property owners, local communities and state
and federal agencies to find an alternative route that will protect the
trail’s integrity.
America’s national park system is truly magnificent, a testament to our
best instincts and aspirations as a nation, and it deserves the full
protection that Congress has afforded it.
William V. DePaulo, Esq.
860 Court Street North, Suite 300
Lewisburg, WV 24901
Tel 304-342-5588
Fax 866-850-1501
william.depaulo(a)gmail.com