The West Virginia Department of Environmental Protection (DEP) filed a motion in federal court to invalidate its earlier approval of the Mountain Valley Pipeline (MVP). Under section 401 of the Clean Water Act, individual states must certify that interstate gas pipelines will not have significant effects on water quality before construction can begin. The agency had previously granted the MVP its 401 certification before environmental groups challenged it in court. Attorneys with the public interest law firm Appalachian Mountain Advocates filed the challenge on behalf of a coalition that included the Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices, and Chesapeake Climate Action Network. DEP agreed that it needed to reconsider MVP’s application involving 631 stream crossings, and today, officially asked the court to grant a voluntary remand and set aside its previous certification. DEP’s motion came just a day before it would have been required to defend its certification in federal court. For more, see here.
WV DEP Asks Federal Court to Vacate 401 Certification for MVP