SHEPHERDSTOWN, W.Va. — The Mountain Valley Pipeline is asking the state Intermediate Court of Appeals to remand its case against protesters who allegedly obstructed construction back to circuit court in Summers County.
Two lawsuits filed by MVP were initially dismissed in circuit court, and the two sides argued their positions before Judges Charles O. Lorensen, Daniel W. Greear, and Ryan White on Tuesday at Shepherd University.
The suit alleges that Martha Ann Zinn, the respondent in the first suit, attached herself to a piece of drilling equipment being used to construct the pipeline, and Mary Beth Naim, Judy Kay Smucker, and Jessica Grim blocked an access road.
“We filed complaints alleging multiple counts, including trespass, tortious interference, civil conspiracy, and violation of Critical Energy Infrastructure Act,” attorney Timothy Miller said.
The cases were dismissed in circuit court because a judge ruled that because MVP had secured an easement to use private property to continue construction of the pipeline, which is intended to run from Wetzel County to Pittsylvania County, VA, it did not have rights to the property and, as a result, could not sue for trespassing.
Attorney Jonathan Sidney, speaking on behalf of the respondents, said the contracts arranged by MVP did not specify those rights.
“I think MVP could’ve easily written their easements to assign exclusionary rights. I think MVP probably could’ve written their easements to even assign the landowner’s underlying trespass claims,” he said.
According to Sidney, MVP used options at its disposal to remove the protesters from the construction site, but one of those options was not legal action.
“MVP did have a remedy, and it was enforced. The police were called. The individuals were trespassing upon the land of the grantor. They were removed, so certainly if the grantor excludes a third party, that’s a remedy available,” he said.
Miller argued the proper questions are not being asked in this case. He contended that legal precedent shows despite not owning the property, MVP’s easement means it still had a protectable interest in it.
“The correct question is, despite the definition, ‘Does an easement holder, right-of-way holder, or license holder have any legal, protectable interest to the property in which they’re using?’ and I submit to you under multiple authorities, including some West Virginia authorities, we do have legal rights that are entitled to protection,” he said.
The Mountain Valley Pipeline was completed and began operations in June 2024.