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Uplifted Standing In Line at SCOTUS

R. Whitescarver @ gettingmoreontheground.com
February 27, 2020

I Was In Line All Night, Here’s What Really Happened

It was an event of a lifetime—sitting in the courtroom of the Supreme Court of the United States (SCOTUS) hearing arguments in the U.S. Forest Service v. Cowpasture River case on Monday, February 24—the case that will determine if a dirt path, known as the Appalachian Trail, is actually “land” or not. For me, the most uplifting part of the whole event was the people standing in line for hours outside the courthouse, in near-freezing temperatures, waiting to hear the case that will weigh heavily on the lives of thousands forever. Maury Johnson, pipeline fighter and farmer from Monroe County, West Virginia, was first in line arriving at 6:30 Sunday night. The determination and leadership of these folks inspire me and so many others. The true grit of these people and thousands more like them is the reason the Atlantic Coast Pipeline will never be built.

They Only Allow 50 People In

I was asleep in bed at a friend’s house in Arlington, Virginia. I received a group text at 10:30 p.m. from my friend Carolyn who was in line. She wrote that we had better come if we wanted to get in to hear the case. She was 36 in line. They only let 50 people in.

“I’m en route,” I texted back.

My friend Roni drove me to the Supreme Court building, and we arrived at 11 p.m. As soon as I saw the people in line, I knew I was not prepared for an all-nighter in the cold. They had chairs, sleeping bags, blankets, and tarps. I had the knee pad I use in the garden, an overcoat, my gloves, and a wool cap. Folks from the Southern Environmental Law Center, the Alliance for the Shenandoah Valley, Friends of Buckingham, and the Sierra Club welcomed me with open arms. I immediately went to the end of the line, put my knee pad down on the sidewalk and declared to the group that this was my spot. Counting from the beginning of the line and if no one butted in, I would be the 45th person.

                                                               

 

 

 

 

 

 

 

 

 

 

Some of the more prepared anti-pipeline fighters in line on the sidewalk in front of the Supreme Court. Photo courtesy R. Whitescarver.

“Equal Justice Under the Law.” Yeah, Right.

There were two kinds of people in line that frigid night: the pipeline fighters and the homeless folks of D.C. hired by a professional “line-standing” company to stand in line for the pro-pipeline people. Pro-pipeline people from Dominion Energy and their allies didn’t start arriving until the next morning at 5:30. They rolled in curbside in their high-dollar suits, freshly brushed teeth, clean-shaven faces, and pretty hair.

They coordinated with a woman who had a clipboard standing on the corner of First Street and East Capitol. She escorted them to the homeless people line-standing for them all through the frigid night. The corporate rich people handed money to the homeless people and then took their place in line. I looked up at the words on the Supreme Court building, “Equal Justice Under the Law,” and felt betrayed.

The lady in the white pants holds a clipboard. She is escorting pro-pipeline people that paid to have homeless folks “line-sit” for them. Photo courtesy R. Whitescarver.

People trickled in all through the night, and the line grew to well over 100 people. By my estimate, 60 percent of the people in line appeared to be homeless people hired by the line-standing company. Most of them reclined in their chair and covered their whole body with a tarp.

This behavior—of beating the system any way possible, buying people off, and flaunting their power and money in the faces of the common people, whom they walk over and whose dreams they steal—is why people are standing up to them, resisting, and fighting. This is why the Atlantic Coast Pipeline will never be built.

Upbeat and Positive

The anti-pipeline people were in clusters of three to four scattered through the line. They were cold yet upbeat, positive, talkative, and very helpful. There are no bathrooms on the premises. Union Station is about five blocks away, but we learned they lock their toilets until 5 a.m. There is a 7-Eleven five blocks away that stays open all night. Oh, thank heaven.

We all guarded each other’s place in line as some left for the 7-Eleven or simply walked around to keep warm. I walked around a lot. I’ll never forget the image of Maury Johnson sitting in his chair at position number one. He’s a big guy. He was in his farmer clothes, and the only coat he had was a lightweight Carhartt jacket. He wore a red plastic poncho over his body and chair.

I’ll also never forget the kindness of my line-mate Julie Reynolds-Engle. She gave me a couple of hand warmers that I put in my boots to keep my feet from getting numb.

The Golden Tickets

The police started walking the sidewalk around us at about 7:00 in the morning. Our line tightened up, and I watched for people butting in line. A policeman started handing out the coveted golden tickets with your number on it. I braced for disappointment. He finally arrived and handed me a ticket—49. Four people had butted in line.

The lucky 50 moved to the next level, closer to the building. A young lady I met during the night, Laura LaFleur (ticket 36), asked me if I would switch with her so she could be with her friend, Julie (48). I agreed and we switched tickets. We took some pictures then moved to the entrance to the left of the tall columns. There we received our first lecture and then proceeded into the building and through the first security checkpoint.

Once through security, we put our personal items in lockers and waited in the cafeteria for instructions to proceed upstairs. At about 9:10 we were instructed to line up against a wall outside the cafeteria in numerical order. After about a half-hour, we proceeded up the stairs to the courtroom level. There we received another lecture and then proceeded into the foyer through another security checkpoint.

“The Trail Is Not Land”

We were escorted into the courtroom and seated. “Oyez, oyez, oyez,” the marshal of the court called out, and the proceeding began. It was an hour long event. Each justice was engaged and asked questions, with the exception of Justice Clarence Thomas who didn’t say a single word. I didn’t think there was a clear winner or loser but the strangest claim was the Forest Service lawyer’s argument that the dirt path of the Appalachian Trail was not land. “The trail is not land,” he said over and over.

“Nobody makes that distinction in real life,” Justice Elena Kagan stated.

Read the entire transcript of the argument U.S. Forest Service v. Cowpasture River Preservation Association.

I did not know until after the argument that my friends Julie (48) and Laura (49) did not get in. For some reason, the court stopped letting people in after 47.  My heart sank. They stood in the cold the whole night to no avail.

“Equal Justice Under the Law?” I don’t think so.

                                                               

 

 

 

 

 

 

 

 

 

 

Maury Johnson and Laura LaFleur with their golden tickets. Laura switched 
with me to be with her friend Julie. Laura and Julie never made it in. 
Photo courtesy Maury Johnson.

Changes Needed

Contact your legislators and demand that they stop the exchange of money for line-standing at the Supreme Court. Buying your way into court is not right.

And that’s not the only thing wrong with the system. People should have designated places in line so there is no guesswork, restroom facilities should be provided, smoking should not be permitted in line, and police should patrol the sidewalk. Why only 50 people? Why not televise it?

The Fate of the ACP

As for the fate of the Atlantic Coast Pipeline, there are seven other permits that have been vacated or withdrawn for the un-needed, over-budget, an ill-planned pipeline. In addition, there are hundreds, perhaps thousands of people joining the ranks of pipeline fighters.

The Atlantic Coast Pipeline will never be built.

For the latest update on the ACP visit the Allegheny Blue Ridge Alliance website.

Draft Environmental Assessment

  

 

 

 

 

 

If you would like to make another area shine in our watershed, give us a call at 304-647-4792 to let us know location and arrange pick up of bags and gloves.

 

Congratulations to all our Racers for The 33rd Great Greenbrier River Race on April 27, 2019

The 33rd annual Great Greenbrier River Race was held the last Saturday in April each year in Marlinton, WV. With great prizes, live music and good food,the event attracts a loyal following of racers and fans.

Originally a team event with four members, canoeists, bicyclist and runner, the race has now attracted many people who do it solo. But there is still room for the whole family or the family dog on a team! Kayaks and canoes are both encouraged and the many categories encourage prizes for many racers.

2019 Race Results HERE

Thank you to our 2019 Sponsors!

Tracking Water Policy

WV Rivers Coalition

March 6, 2018    E -day! at the Capitol – Charleston, WV

Double Crossed Gatherings in Pocahontas & Summers Counties

On Saturday, September 16^th, residents from all counties of the Greenbrier River Watershed and beyond met to express their concerns about the two 42-inch pipelines proposed by shale gas developers for the Greenbrier River and tributaries. Two events, called “Double-Crossed,” were held. Gathering at Clover Lick, in Pocahontas County and at Pence Springs, in Summers County at the places proposed for pipeline crossings of the main stem of the river, participants came face to face with what may have only been lines on a map before.

Double Crossed gathering in Clover Lick in Pocahontas County, WV.

Most of the assembled citizens had commented to federal and state regulators expressing their concern for lost property rights, questioning the need for two big pipelines (and many more}, impacts to fisheries, unstable soils, impacts on fragile karst terrain, loss of water supplies and more, but felt they had not been heard.

Indeed, West Virginia’s Department of Environmental Protection had just rescinded their approval of the Mountain Valley Pipeline the week before, due to concerns about the inadequacy of the company’s environmental review. This was done due to citizens suing in federal court. A group of North Carolina residents also won a similar court case against the Atlantic Coast Pipeline, challenging North Carolina’s permitting. However, in a recent ruling FERC, Federal Energy Regulatory Agency, the quasi-federal agency which approves pipelines, ruled that New York state’s regulators could not challenge its approval of a pipeline there. 

Double Crossed gathering in Pence Springs in Summers County, WV

So, while participants were encouraged by legal appeals, their fear and concerns about the future of their property and the rivers and streams and the landscape they love were not allayed. Ashby Berkeley, whose family’s riverside property in Pence Springs will be crossed by the MVP if it is built, said. “It is not just because they want to come through my family property, I would oppose it for many reasons anyway. It is not the right solution for our country’s energy needs to keep relying on fossil fuels, and the impacts are too great on communities. Plus, where are these gas supplies going? Lots of this gas will be exported overseas, and we here will not see anything but negative impacts. Where is the upside for us?”

Clover Lick resident Maryann Tomasik showed the assembled group the exact location of the spillway for the proposed crossing along the Greenbrier River Trail of the Atlantic Coast Pipeline. Local resident Nikki Alikakos, who returned to her family home two years ago with her husband and young children expressed dismay that they had thought they would be returning to the bucolic landscapes and country life she missed in larger cities. She decried the intrusion of two large projects on one small river in Appalachia as she and her family walked up the trail to see the proposed crossing.  ”It is so disheartening to come home to being part of an energy sacrifice zone,” she lamented.

Organizers of the event, The Greenbrier River Watershed Association (GRWA) and West Virginia Rivers Coalition expressed the hope that the event would help raise peoples’ awareness of the impacts of the proposed pipelines on what are considered relatively unspoiled areas of the state. Leslee McCarty, board member of the GRWA said, “We thought the name double -crossed conveyed not only the fact that the river will be crossed twice if the companies get their way, but also of the sense of betrayal felt by many community members”

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Greenbrier Watershed Celebration
is grateful to our sponsors:

Autumn Environmental

Bank of Monroe
Ezebreak
Irish Pub
Plants Etc.
Richard Grist
S.J. Neathawk Lumber
Wolf Creek Gallery

City National Bank

And our partners:

Friends of the Lower Greenbrier

WV Cave Conservancy

Lost World Caverns

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The Greenbrier River Trail is Open
July 18, 2017

Reports are that the repairs to the lower portion of the trail have allowed the trail to reopen from North Caldwell to Cass. Portions of the damaged lower section still need some TLC, but reports are that it is definitely bikeable! Everyone should be aware that there may be Preview Changessome hazards.  We are so happy the trail is “whole” again!  Thank you to everyone who helped make this a reality!  Stay tuned for more updates. 

See video of restored Greenbrier River Trail HERE

Elizabeth Johnson lets her dogs in the river for a swim while walking them on the Greenbrier River Trail near Caldwell. (Jenny Harnish/The Register-Herald)
Jenny Harnish/ The Register-Herald

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Trump Administration Moves to Undo Clean Water Protections
Angie Rosser, West Virginia Rivers Coalition

WV Dolly Sods Wilderness. Photo Kent Mason

Washington DC – Today the Trump Administration put the sources of drinking water for more than half of West Virginians at greater risk, along with the streams and wetlands that filter pollution and provide habitat for wildlife, by starting the process to repeal the Clean Water Rule.

The rule was in place to clarify protections for West Virginia’s vulnerable headwater streams under the Clean Water Act. Over half (54%) of West Virginians get their drinking water from sources that rely on small streams that were protected under this rule.

“This is a troubling day for water drinkers, river users, and wildlife in West Virginia,” said West Virginia Rivers Coalition Executive Director Angie Rosser. “Our state’s headwater streams supply the drinking water sources for millions of people; this rule was important for the health of our communities and everyone downstream.”

Rosser said that for more than a decade, many of our streams have been stuck in a legal limbo caused by two divided Supreme Court decisions, actions of the previous administration and inaction by Congress. The rule clarified that 8,390 miles of streams that feed into West Virginia’s drinking water sources were protected. Now those streams are put back at risk.

The Clean Water Act rule repeal announced today by the Trump Administration had been the subject of more than a million public comments, with 87 percent of those responding—including over 2,000 West Virginians, supporting the rule. Learn more.

Clean up begins on Greenbrier River waterways
Austin Davis

GREENBRIER COUNTY (WVVA) –

When looking at the rivers and creeks in Greenbrier County it’s easy to spot trash and other debris left behind by last summer’s floods. However, crews are working to clean it up to help prevent future flooding. 

Trash piles filled with tires and debris, all from the Rupert/Rainelle area. The Human Resources Development Foundation is taking care of the fallen trees that play a big role in flooding issues.

“We had to cut the trees off in order for the water to flow the way it’s supposed to because with the trees blocking, it’s causing the water to build up which is going to cause a flood again,” said Audie Sloan, Crew Leader for HRDF Greenbrier County.  See video HERE

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Make it Shine Volunteers Rock!

A chilly start, but the crew from the Greenbrier River Watershed Association was ready for the challenge! Anthony Boat Launch and

Campground Area is ready for the summer. Thanks to all that participated in this years Make it Shine event!

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The Great Greenbrier River Race is in the books!
Congratulations to everyone!

2017 was the 31st annual Great Greenbrier River Race. The race is held the last Saturday in April each year. With great prizes, live music and good food,the event attracts a loyal following of racers and fans.

Originally a team event with four members, canoeists, bicyclist and runner, the race has now attracted many people who do it solo. But there is still room for the whole family or the family dog on a team! Kayaks and canoes are both encouraged and the many categories encourage prizes for many racers.

CLICK HERE FOR RACE RESULTS

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WATERSHED GROUP VIDEO’S

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For Legislative Updates, please check the following:

West Virginia Environmental Council;

West Virginia Citizens Action Group;

West Virginia Surface Owners’ Rights Organization

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Greenbrier River in Pocahontas County. Photo credit to Kevin Jack Photography

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Final EPA Report: Fracking Threatens Drinking Water
December 13, 2016

After years of researching the environmental effects of horizontal gas drilling, including the controversial practice called “fracking”, the Environmental Protection Agency released a final report that highlights threats, but is still largely inconclusive.

Drilling practices that capture gas trapped in shale rock deep underground can contaminate drinking water – but federal regulators aren’t sure how risky it is. That’s the final takeaway from a $30 million report that took six years to finish. Continue

WV Supreme Court: No Pipeline Surveys for Private Gain

West Virginia property owners won an important case at the West Virginia Supreme Court of Appeals on Tuesday when that Court sided with Appalachian Mountain Advocates attorneys, ruling that the Mountain Valley Pipeline cannot survey for its proposed natural gas pipeline without landowner permission. The Court held that such a survey would constitute an illegal “private taking for private use,” because the proposed pipeline would not benefit West Virginians. Full story click here

The Greenbrier River Watershed Association, founded in 1990, is one of the oldest watershed associations in the state. With this website, we hope to give the Greenbrier River Watershed residents and visitors the tools they need to take responsible care of the land that is home to the waters.  Most importantly we hope that the people of these beautiful mountains get outdoors and enjoy wild and wonderful West Virginia. Come out and join us!

GRWA-Report-2015
NEWS: Greenbrier River Watershed Association joins with Pipeline Update to provide the most up to date meeting information and news on proposed pipelines in our watershed. If you want the most recent news and information, go to http://pipelineupdate.org/ and see what is happening lots of folks are coming out to meetings all over West Virginia and Virginia!

HIGH QUALITY PIPELINE MAPS:

Upshur County Map

More maps at Mountain Valley Pipeline
Download these from Dropbox:
Pocahontas County WV Map 9mb
Randolph County WV Map 14 mb
Upshur County WV Map 14 mb
Part 1 Harrison County WV Map 5mb

Fact Sheet
Action Steps

The Greenbrier River

From the wilds of Blister Swamp high in the Allegheny Mountains until it flows into the New River Gorge National River near Hinton, the Greenbrier River has carved its way almost two hundred miles through some of the most beautiful and unspoiled terrain on the East Coast.  It is the longest free flowing river in the East, and boasts two of our newest wilderness areas, Spice Run and Big Draft.

One of the nation’s oldest rail to trail conversions, the scenic Greenbrier River Trail parallels the river for almost eighty miles in Pocahontas and Greenbrier Counties, affording access to the river and some of the surrounding state parks and forest and the Monongahela National Forest.

The river and its tributaries provide drinking water for communities, water for agriculture and recreation, and home for abundant wildlife, including bald eagles, lynx, black bear, river otters and myriad of birds and mammals.