Courtesy of Preserve Floyd:
This is a more comprehensive view of what happened yesterday when the MVP’s tree-cutting crew, Northern, tried to cut trees on Poor Mountain. Deepest of appreciation for the courageous protectors on the ground in the snow facing the intimidation of chainsaws, security teams and police in order to give witness to this illegal and immoral act.
The MVP LLC is in direct violation of their own argument to Federal Judge Elizabeth Dillon who awarded them immediate possession of property to cut trees based on testimony that the deadline for cutting was March 31 and they would suffer “irreparable harm” if they were not allowed early entry.
What does that mean? They do not have all the permits necessary to cut and the restrictions on cutting are fairly clear in terms of protections of endangered species and protected waterways. They were “allowed” to cut BUT ONLY UNTIL MARCH 31. Please feel free to utilize the collaboratively comprised notice of violation, a citizen’s document, in whatever way you wish. It is copied below.
As documented in the attached video and observed by a certified legal observer, the notice of violation was clearly stated to the security official and the crew. They chose to proceed regardless. They are now officially engaging in illegal tree-cutting after being issued a warning based on legal evidence provided in a necessary and appropriate Citizen’s Notice of Violation and should be held accountable to the law.
To the FERC, the DEQ, and Governor of Virginia Ralph Northam:
IF YOU WILL NOT PROTECT OUR TREES, WE THE PEOPLE WILL.
NOTICE OF VIOLATION
Let it hereby be known:
THESE TREES MAY NOT LEGALLY BE CUT DOWN
According to footnote 17 of Page 28 of Judge Elizabeth K. Dillon’s decision in Civil Action No. 7:17-cv-00492: Cooper testified that, of the approximately 100 miles of pipeline being laid in Virginia, at least 20 miles are affected by the bat restrictions, but the number of miles could be up to 75. MVP does not have the ability to determine the full extent of the bat habitats currently because it is “outside of a window where we can . . . mist-net or catch the bats.” (Day 1 Hr’g Tr. 123.) Instead, it must “assume they might live there” and stop tree felling in those areas as of March 31, 2018. (Id.)” http://www.vawd.uscourts.gov/opinions/dillon/7.17-cv-492mvpveasement1.31.18.pdf
If you are attempting to cut down this tree:
In accordance with Judge Elizabeth Dillon’s ruling of 2018, The Endangered Species Act of 1973, the Migratory Bird Act of 1918, and the restrictions on tree cutting issued in 2018 by the DEQ, we hereby revoke your permissions to cut trees on this property and require you to leave immediately. You are in violation of crucial regulations. Your notice of violation is now served.