The U.S. Army Corps of Engineers filed a motion on January 18 with the Fourth Circuit Court of Appeals for a remand and vacating of the permit that the Huntington District of the Corps had issued for the Atlantic Coast Pipeline (ACP) to cross rivers and streams and West Virginia. The Court had previously issued a stay of the Nationwide 12 (NWP12) permit issued for the ACP by the Huntington District, as well as other NWP12 permits issued for the project by Corps districts in Pittsburgh, Norfolk and Wilmington that have jurisdiction over other portions of the ACP project. The motion is expected to be granted as it is unopposed. It only directly affects the portion of the ACP subject to the Huntington District’s jurisdiction, the stays on stream and rifer crossings for the ACP in the other Corps districts remain in effect.
In a similar action (reported via email to the ABRA mailing list on January 19), the U.S. Park Service January 17 filed a motion with the Fourth Circuit asking for a voluntarily remand of the construction and right-a-way permits for the ACP. In the motion, the Park Service explains that upon the Court granting the request, the agency will vacate the previously issued permit for the ACP to cross the Blue Ridge Parkway and “consider whether issuance of a right-of-way permit for the pipeline to cross an adjacent segment of the Parkway is appropriate.” The Fourth Circuit granted that motion on January 23.