The Fourth Circuit of the U.S. Court of Appeals on July 26 struck down the latest permit the U.S. Fish and Wildlife Service (FWS) had issued for the Atlantic Coast Pipeline (ACP). The issue arose from a requirement in the Endangered Species Act that (quoting from the decision) “the proposed pipeline will not jeopardize the continued existence of several endangered and threatened species that are likely to be impacted by pipeline construction.
- – Richmond Times-Dispatch – 7/26/19
- – The Recorder – 8/01/19
- – The Fayetteville Observer – 2/7/19
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 Recorder – 12/20/18
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).
- – Virginia Mercury – 12/13/18
- – The Recorder – 12/13/18
The U.S. Army Corps of Engineers’ issuance of a Nationwide 12 Permit to the Mountain Valley Pipeline (MVP) has been held to be invalid by the Fourth Circuit Court of Appeals. The November 27 Order from the Court held that Corps’ permit for the MVP violated the Clean Water Act and that the project will likely require an individual permit to cross streams.