An opening brief was filed on Tuesday, April 17, in the lawsuit that several ABRA member organizations have filed challenging the December 12 decision of the Virginia State Water Control Board to conditionally approve issuing a water quality certificate (under Section 401 of the Clean Water Act) for the Atlantic Coast Pipeline. The suit was filed January 18 and the case is scheduled to be argued in September.
Among the arguments set forth in the brief are that:
- The Virginia Department of Environmental Quality’s failure to consider the combined effects of multiple areas of construction within individual watersheds is arbitrary and capricious; and
- Construction of the pipeline in areas of karst geology will impair water quality.
A copy of the brief is available here.