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NPCA Seeks Injunction To Prevent Work From Starting On Jamestown Transmission Line

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Published Date

July 26, 2017

The National Parks Conservation Association is seeking an injunction to prevent construction from commencing on a power transmission line that would cross the James River near Historic Jamestowne and other units of the National Park System before the group's legal challenge to the project is heard.

The filing for a preliminary injuction asks the U.S. District Court for the District of Columbia to temporarily halt construction of Dominion Energy’s planned transmission line near historic Jamestown until the court can hear NPCA's lawsuit alleging that the Army Corps failed to follow federal law under the National Environmental Policy Act and the Clean Water Act in approving the requisite permits.

The national park advocacy group maintains those alleged violations must be cured before the Corps can make a lawful determination as to whether, and under what conditions, the project may be constructed.

Dominion Virginia Power maintains that its proposed Surry-Skiffes Creek-Whealton Transmission Line, which would cross the James River between Surry and James City counties with nearly 300-foot-tall towers, is the best way to maintain a healthy power grid in the area. But groups including the National Trust for Historic Preservation, NPCA, and Preservation Virginia maintain there are less-damaging solutions that wouldn't need to span the river and invade the historic setting.

The U.S. Army Corps of Engineers recently granted the necessary permit to allow Dominion Energy to proceed with a plan to build 17 obstructive transmission towers across the James River at historic Jamestown.

In response, NPCA filed a lawsuit calling out the Army Corps’ failure to conduct a thorough review of reasonable alternatives that would fulfill the region’s energy needs while protecting Historic Jamestown. The Army Corps also failed to conduct a transparent public process and comment period under NEPA, the group maintains, adding that the project would degrade Historic Jamestown and nearby national parks and related sites including Colonial National Historical Park, Colonial Parkway, and the Captain John Smith Chesapeake National Historic Trail, and harm federally protected species including the Atlantic sturgeon.

“If Dominion proceeds with construction, the damage they cause to this historic area could be permanent. Are we willing to take that risk?" said Theresa Pierno, NPCA's president and CEO. "People have experienced this historic setting for centuries. Surely Dominion can wait to get the court’s expeditious ruling on this matter before taking actions we could all deeply regret. We will continue to fight to ensure Dominion Energy does not deface one of America’s most historic areas.”

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