Contact Person:

Chloe Marie Research Specialist

Phone:

Email:

cjm445@psu.edu

Case Law

The Atlantic Coast Pipeline-related cases

Appalachian Voices v. State Water Control Board
(Fourth Circuit; No. 18-1077)

Appalachian Voices, along with twelve environmental groups, petitioned the Fourth Circuit Court of Appeals for a judicial review of a Section 401 Water Quality Certification issued in Dec. 2017 by the Virginia State Water Control Board for the construction of the Atlantic Coast Pipeline (ACP). Petitioners challenged the Board’s finding that there is “reasonable assurance” that activities relating to the ACP construction would not violate the Virginia water quality standards.

The Fourth Circuit Court of Appeals denied the petition for judicial review of the Section 401 Water Quality Certification.

Appalachian Voices v. FERC
(Fourth Circuit, No. 18-1114)

Appalachian Voices, along with ten environmental groups, petitioned the Fourth Circuit Court of Appeals for a judicial review of a Certificate for Public Convenience and Necessity granted by the Federal Energy Regulatory Commission (FERC) to Atlantic Coast Pipeline, LLC, and authorizing the construction and operation of the Atlantic Coast Pipeline (ACP).

The Fourth Circuit Court of Appeals dismissed the petition for review of the FERC Certificate.

Cowpasture River Preservation v. Forest Service
(Fourth Circuit, No. 18-1144)

Cowpasture River Preservation Association, along with six environmental conservation groups, filed a joint petition requesting judicial review of the U.S. Forest Service’s Special Use Permit issued to Atlantic Coast Pipeline, LLC on Jan. 23, 2018. This Special Permit authorizes the use and occupancy of the National Forest System (NFS) lands for the construction and operation of the Atlantic Coast Pipeline (ACP) as well as grants a right-of-way across the Appalachian Scenic Trail (AST), which crosses the Georges Washington National Forest.

The Fourth Circuit Court of Appeals vacated the Special Use Permit and remanded the matter to the Forest Service. The Appellate Court concluded that the Forest Service did not have the authority to grant Atlantic Coast Pipeline, LLC a right-of-way across the AST.

The U.S. Forest Service filed a petition with the U.S. Supreme Court for a writ of certiorari seeking to appeal the Fourth Circuit Court of Appeals’ decision to vacate the Special Use Permit (U.S. Sup. Court, No. 18-1584).

The Higher Court agreed to hear the case in order to rule whether the Forest Service has statutory authority to grant pipeline rights-of-way in this case (U.S. Sup. Court, No. 18-1584).

  • Petition granted (Oct. 4, 2019)

The U.S Supreme Court reversed and remanded the case to the Appellate Court ruling that the Forest Service has statutory authority to grant pipeline right-of-way across the AST, because it has jurisdiction over any Federal lands within the National Forest System, even if Federal lands are crossed by a trail administered by the National Park Service (U.S. Sup. Court, No. 18-1584).

Defenders of Wildlife v. U.S. Dept. of the Interior
(Fourth Circuit, No. 18-1083)

Defenders of Wildlife, the Sierra Club and the Virginia Wilderness Committee petitioned the Fourth Circuit Court of Appeals seeking judicial review of the U.S. Fish and Wildlife Service’s (FWS) Biological Opinion and Incidental Take Statement prepared in Oct. 2017 for the Atlantic Coast Pipeline (ACP) project. Petitioners alleged that the FWS failed to meet its statutory responsibilities by not setting clear numeric limits on take nor establishing proper habitat surrogates.

The Fourth Circuit Court of Appeals vacated the 2017 FWS Incidental Take Statement, calling its take limits “arbitrary and capricious.”

Defenders of Wildlife v. U.S. Dept. of the Interior
(Fourth Circuit, No. 18-2090)

Defenders of Wildlife, the Sierra Club and the Virginia Wilderness Committee petitioned the Fourth Circuit Court of Appeals for a judicial review of the U.S. Fish and Wildlife Service’s (FWS) Biological Opinion and Incidental Take Statement released in Sep. 2018 following a prior court order dated Aug. 6, 2018 vacating the original FWS actions.

The Fourth Circuit Court of Appeals vacated the 2018 Biological Opinion and Incidental Take Statement and remanded the matter to the FWS.

Friends of Buckingham v. State Air Pollution Control
(Fourth Circuit, No. 19-1152)

A group of citizens from Buckingham County, Virginia – known as the Friends of Buckingham – petitioned the Fourth Circuit Court of Appeals for judicial review of a minor new source review air permit issued by both the Virginia Department of Environmental Quality (DEQ) and the Virginia Air Pollution Control Board, necessary for the construction of the Buckingham Compressor Station supporting the Atlantic Coast Pipeline (ACP). The petitioners alleged that the Board did not sufficiently consider whether Union Hill was a “suitable site” for the compressor station.

The Fourth Circuit Court of Appeals vacated the air permit and remanded the case to the Virginia Air Pollution Board.

Sierra Club v. National Park Service
(Fourth Circuit, No. 18-1082)

Sierra Club and the Virginia Wilderness Committee petitioned the Fourth Circuit Court of Appeals for judicial review of a right-of-way permit issued in Dec. 2017 by the National Park Service (NPS) for the Atlantic Coast Pipeline (ACP) project. This right-of-way permit authorizes Atlantic Coast Pipeline, LLC to construct and operate the pipeline underneath the Blue Ridge Parkway – a scenic road running from Virginia to North Carolina. Petitioners alleged that NPS exceeded its authority in granting this permit and violated a statutory mandate that all agency decisions must be conformed to parkway conservation purposes.

The Fourth Circuit Court of Appeals vacated the NPS right-of-way permit and ruled that the NPS permit decision was arbitrary and capricious.

Sierra Club v. U.S. Army Corps of Engineers
(Fourth Circuit, No. 18-1743)

Sierra Club and four other environmental groups petitioned the Fourth Circuit Court of Appeals for judicial review of Nationwide Permit (NWP) 12 verifications issued in Feb. 2018 by the U.S. Army Corps of Engineers Huntington District. The verifications authorize Atlantic Coast Pipeline, LLC to discharge dredge and/or fill material into 153 water crossings in southern West Virginia.

The Fourth Circuit Court of Appeals vacated the Huntington District NWP 12 verifications and remanded the case back to the Corps.

Sierra Club v. U.S. Dept. of the Interior
(Fourth Circuit, No. 18-2095)

Sierra Club and Virginia Wilderness Committee petitioned the Fourth Circuit Court of Appeals requesting a judicial review of a right-of-way permit issued by the National Park Service in Sep. 2018 authorizing the crossing of the Blue Ridge Parkway.

The Fourth Circuit Court of Appeals remanded the case back to the National Park Service for further proceedings.

Sierra Club v. U.S. Army Corps of Engineers
(Fourth Circuit, No. 18-2273)

Sierra Club along with four environmental groups petitioned the Fourth Circuit Court of Appeals for a judicial review of the Oct. 19, 2018 letter from the Corps reinstating with modification the NWP 12 verifications for the discharge of dredge and/or fill material in 156 water crossings within the Corps’ Huntington District.

The Fourth Circuit Court of Appeals vacated the Huntington District verifications and remanded the case to the agency for further proceedings.