One of the reasons cited in the SELC/Appalmad letter as to why FERC should not to permit construction of the ACP to proceed in light of the Fourth Circuit decision is the recent listing of the yellow lance mussel on the endangered species list. The letter states:
FERC is also not in compliance with Term and Condition No. 18 of the
nationwide permit because it has not undertaken formal consultation for the yellow lance, an obligation we brought to FERC’s attention on April 30, 2018. Yellow lance is a threatened mussel which “occurs in the ACP project area.” Final Environmental Impact Statement, 4-303. “Presence of the yellow lance is assumed in Nottoway River (both crossings) in Virginia, and in Swift Creek, Tar River, Fishing Creek, and Little River in North Carolina.”
So, what does a yellow lance mussel look like? Well, it is indeed yellow!
