Phillip Flagg chained himself Saturday to a concrete structure in Elliston along the path of the Mountain Valley Pipeline before being arrested by the Virginia State Police.
Marty Gordon
Tree-sitter Phillip Flagg, 25, left the chestnut oak he has lived in for nearly a year in the proposed route of the Mountain Valley Pipeline (MVP) in Elliston, attaching himself to a concrete block in the construction crews’ path Saturday.
Flagg was arrested a short time later and taken to the Montgomery County magistrate’s office where he was released on bail.
When reached by phone on Sunday, Flagg who is from Austin, Texas, said he has no plans to go back up into the tree where he had been living. Another person is already in his spot.
“I locked myself to a piece of concrete on the path they would have been clearing trees and brush that day, and I hope it inspires others to continue this fight,” he said.
His charge is listed as obstruction of the free passage of others and includes penalties of up to a year in jail and a possible $2,500 fine.
The code reads: “Any person or persons who in any public place or on any private property open to the public unreasonably or unnecessarily obstructs the free passage of other persons to and from or within such place or property and who shall fail or refuse to cease such obstruction or move on when requested to do so by the owner or lessee or agent or employee of such owner or lessee or by a duly authorized law-enforcement officer shall be guilty of a Class 1 misdemeanor.”
Over the past two weeks, MVP workers were slowly approaching Flagg’s location. Onlookers and fellow protesters said the sounds of heavy machinery had become louder as more trees were cleared.
The protesters had set up camp on small, pastoral Yellow Finch Lane off of Cove Hollow Road in the path of the pipeline in Elliston more than a year ago. Flagg is one of two tree-sitters.
Appalachian Against Pipelines who has been leading the local protest say the sitters, called Yellow Finchers have been up in the trees for 313 days.
In support of Flagg’s action, one of the anonymous tree sitters stated, “Every day, MVP gets closer and closer to the Yellow Finch sits, decimating acres of Appalachian forests, mountains, and waterways in its wake. Today and every day, we are putting our bodies on the line to stop it. Now is the time to stand up and fight back against the destruction of the earth. Join us. We’re still here. We won’t back down.”
In a public statement on Sunday, Appalachian Against Pipelines said of Flagg, “His action stopped MVP work at the site for seven hours, preventing the company’s progression towards the nearby Yellow Finch tree sits. Around 5:30 pm, Phillip was extracted from his blockade and arrested. He was charged with misdemeanor obstruction and released on $1,000 bail,” the release said.
Flagg, who previously spent months living in a tree-sit platform blocking the MVP, stated: “I cherished the time I spent in the tree sit, and I think back on it fondly. But I’m not too proud to admit that the time I spent in the oak simply isn’t enough to stop this pipeline. The forces we are facing will not be dissuaded by any individual effort. Each of us has our piece to contribute — when one person steps up, others will follow.”
In support of his action, one of the anonymous tree sitters stated: “Every day, MVP’s construction work gets closer and closer to the Yellow Finch sits, decimating acres of Appalachian forests, mountains, and waterways in its wake. Today and every day, we are putting our bodies on the line to stop it. Now is the time to stand up and fight back against the destruction of the earth. Join us! We’re still here. We won’t back down.”
The Mountain Valley Pipeline is a 42-inch diameter, 303-mile natural gas pipeline that runs from northern West Virginia to southern Virginia.
Earlier this month, a 70-mile extension into North Carolina, which was proposed in 2018, was denied a required water quality certification by the NC Department of Environmental Quality.
The Appalachians Against Pipelines organization repeated their recurring concern in this weekend’s release.
“The Mountain Valley Pipeline endangers water, ecosystems, and communities along its route, contributes to climate change, increases demand for natural gas (and as a result, fracking), and is entrenched in corrupt political processes.
“The coming months will show whether construction is able to move forward in those areas, and whether investors will continue to believe in the pipeline’s ever-distant goal of completion,” said the release.
The incident comes just days after federal regulators questioned MVP about the coating on the pipe being placed in the ground along the path. At issue is the fact a lot of the pipe continues to lie on top of the ground, which is directly connected to delays in the construction.
There are concerns the coating on the pipe could degrade over time and contaminate water and soil nearby. The coating, which MV says it has been using for over 50 years is meant to prevent pipes from corroding the company says.
As of now, the Federal Regulatory Commission is requesting toxicological, environmental and health information on the pipe.
Flagg’s preliminary hearing is scheduled for July 29 at 8:30 a.m. in the Montgomery County General District Court.
