A three-judge panel of the Fourth Circuit Court of Appeals heard oral arguments on October 29 on two separate cases brought by ABRA members challenging permits issued for the Mountain Valley Pipeline (MVP).
The first case, Wild Virginia v. U.S. Forest Service challenged the decisions made by the Forest Service and the Bureau of Land management authorizing the MVP to cross the Jefferson National Forest. The second case, Appalachian Voices v. the U.S. Department of Interior, challenged the Fish and Wildlife Service’s Biological Opinion and Take Statement regarding its evaluation of the MVP’s impact on wildlife protected by the Endangered Species Act. A decision on both cases is anticipated by early 2022.
For a recording of the Fourth Circuit proceedings, click here. The Forest Service case is #21-1039; the Fish and Wildlife case is #20-2159. For a E&E News story on the oral arguments, click here.