Update 209 – Allegheny-Blue Ridge Alliance

Fourth Circuit Throws Out Forest Service Approvals for the ACP

The Fourth Circuit Court of Appeals vacated on December 13 the U.S. Forest Service’s approval for the Atlantic Coast Pipeline (ACP) to cross two national forests and the Appalachian Trail. The Court’s 60-page opinion came on a case brought by several ABRA members and others that was argued on September 28 (see ABRA Update #200 for details).

FERC Requested to Revoke ACP’s Certificate

In a filing late December 13, the Federal Energy Regulatory Commission (FERC) was asked to revoke the certificate for the Atlantic Coast Pipeline in light of the decision earlier in the day by the Fourth Circuit Court of Appeals to vacate the U.S.

State Water Board Votes to Reconsider MVP 401 Certificate

At its December 13 meeting, the Virginia State Water Control Board voted 4-3 to initiate the formal hearing process to consider revoking the 401 Certification of the Mountain Valley Pipeline (MVP). The motion was made by new Board member James Lofton in response to extensive public comment regarding the ongoing damage being done by the Mountain Valley Pipeline’s construction through Southwest Virginia.

Fish and Wildlife Approval of ACP Stayed by Fourth Circuit

The U.S. Fish and Wildlife Service’s Biological Opinion and Incidental Take Statement for the Atlantic Coast Pipeline (ACP) were stayed on December 7 by the Fourth Circuit Court of Appeals. The Court’s Order was the result of a motion filed November 30 by the Southern Environmental Law Center on behalf of Defenders of Wildlife,