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).
Court vacates key permit for pipeline
- – The Recorder – 12/13/18
Fourth Circuit Hears Challenges to Forest Service and 401 Cases
A three-judge panel of the Fourth Circuit of the U.S. Court of Appeals in Richmond heard arguments last Friday, September 28, on two important cases challenging permits granted to the Atlantic Coast Pipeline (ACP). The first case challenged the December 13 decision by the Virginia State Water Control Board to grant a water quality certificate for the ACP (pursuant to requirements of Section 401 of the federal Clean Water Act).
Forest Service emails raise questions about pipeline approval, catch judge’s eye
- – Richmond Times-Dispatch – 10/1/18
Appeals court judge takes aim at U.S. Forest Service role in approving pipeline
- – Richmond Times-Dispatch – 9/28/18
Court Stays ACP Forest Service Permit, Stop Work Order Requested
The U.S. Court of Appeals for the Fourth Circuit this week ordered a stay of the Special Use Permit that had been issued by the U.S. Forest Service for the Atlantic Coast Pipeline (ACP). The September 24 Order was the third time in four months that the Fourth Circuit has vacated or stayed federal authorization for the ACP.
Forest Service Proposes Relaxing Restrictions on Resource Extraction
Two rulemaking proposals published September 13 in the Federal Register would open national forests to increased energy and minerals extractions. The first advanced notice of proposed rule-making, seeks to “expedite energy-related projects by streamlining internal processes related to environmental review and permitting.
Forest Service proposes expedited energy permitting
- – E&E News – 9/12/18
Pipeline hoping shutdown is resolved within a matter of weeks, not longer
- – The Record Delta – 8/23/18
Court of Appeals Vacates Forest Service Approval of MVP
U.S. Forest Service’s (NFS) decision to permit the Mountain Valley Pipeline (MVP) to cross the Jefferson National Forest was vacated on July 27 by the U.S. Court of Appeals for the 4th Circuit in a strongly worded rebuke of the agency’s process in approving a permit for the project.