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Chloe Marie Research Specialist

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Case Law

The Mountain Valley Pipeline-related cases

Appalachian Voices, et al. v. FERC
(D.C. Circuit, No. 17-1271)

Some environmental groups, including Appalachian Voices, petitioned the D.C. Circuit Court of Appeals for a judicial review of the Federal Energy Regulatory Commission’s (FERC) certificate order dated Oct. 2017, that allowed construction and operation of the Mountain Valley Pipeline (MVP) project.

The D.C. Circuit Court of Appeals denied review of FERC’s certificate order finding that FERC’s conclusion that the Mountain Valley Pipeline project will serve the public interest was “reasoned and supported by substantial evidence in the record.”

Bold Alliance, et al. v. FERC, et al.
(USDC District of Columbia, No. 1:17-cv-1822)

Three community-based organizations, including Bold Alliance, Bold Educational Fund and Friends of Nelson County as well as a group of landowners sued the Federal Energy Regulatory Commission (FERC) challenging FERC’s sub-delegation of eminent domain powers to natural gas pipeline companies.

FERC filed a motion to dismiss the amended complaint for lack of subject-matter jurisdiction arguing that the Court of Appeals has exclusive jurisdiction to rule on challenges to the FERC certificate process under the Natural Gas Act (NGA)

The U.S. district court ruled in favor of FERC and dismissed the case.

Plaintiffs filed an appeal of the district court’s decision with the U.S. Court of Appeals for the District of Columbia (No. 18-5322).

Both parties filed a joint motion to hold the case in abeyance pending resolution of the pending appeals of FERC’s final orders granting certificates for the Mountain Valley and Atlantic Coast pipelines (D.C. Circuit, No. 18-5322).

The D.C. Circuit Court of Appeals granted the parties’ motion to hold the case in abeyance pending further order of the court (D.C. Circuit, No. 18-5322).

Note: the case was later consolidated with Appalachian Voices, et al. v. FERC, No. 17-1271.

Berkley, et al. v. Mountain Valley Pipeline, LLC
(USDC W.D. Virginia, No. 7:17-cv-00357)

A group of landowners residing along the MVP route in Virginia brought a constitutional challenge against the Federal Regulatory Energy Commission (FERC) over the exercise of eminent domain power.

Mountain Valley Pipeline, LLC filed a motion to dismiss the case for lack of jurisdiction and failure to state a claim, arguing that “[u]ntil a certificate is issued, a challenge to the project is not ripe, and the challenger lacks standing and has failed to exhaust administrative remedies.”

The U.S. District Court agreed that it did not have jurisdiction over plaintiffs’ claims; thus, granting Mountain Valley Pipeline, LLC’s motion to dismiss.

Plaintiffs appealed the district court’s final judgment to the U.S. Court of Appeals for the Fourth Circuit (No. 18-1042).

The Fourth Circuit Court of Appeals affirmed the district court’s decision that Appellants’ claims needed to be brought through an agency review process, as set out in the Natural Gas Act (NGA) (Fourth Circuit, No. 18-1042).

Appellants filed a petition for a writ of certiorari with the U.S. Supreme Court seeking to appeal the Appellate Court’s ruling (No. 18-561).

The U.S. Supreme Court denied hearing the case (U.S. Sup. Court, No. 18-561).

  • Petition denied (Jan. 22, 2019)

Mountain Valley Pipeline, LLC v. 6.56 Acres of Land
(USDC W.D. Virginia, No. 7:17-cv-00492)

Mountain Valley Pipeline, LLC sought a condemnation order from the court for portions of approximately 300 properties located in Virginia along the pipeline route. Mountain Valley Pipeline, LLC also requested the court to grant it “immediate access and entry to properties prior to the determination of just compensation upon the posting of an appropriate bond.”

Mountain Valley motioned the court for partial summary judgment on its right to exercise eminent domain and sought a preliminary injunction granting it immediate possession of the easements for the pipeline construction.

The U.S. district court granted partial summary judgment to Mountain Valley Pipeline, LLC and concluded that the company is entitled to exercise eminent domain and thus condemn the necessary properties. The court also granted the company immediate possession of the easements.

Some Defendants-Landowners appealed the district court’s decision to the U.S. Court of Appeals for the Fourth Circuit and sought a stay of the preliminary injunction pending appeal (No. 18-1159).

The Fourth Circuit Court of Appeals consolidated Case No. 18-1159 (lead case) with Cases No. 18-1165 and No. 18-13000 (Fourth Circuit, No. 18-1159).

The Fourth Circuit Court of Appeals affirmed the district court’s decision and preliminary injunction orders granting immediate possession of the easements (Fourth Circuit, No. 18-1159).

Appellants filed a petition for rehearing en banc seeking to overturn the Appellate Court’s decision (Fourth Circuit, No. 18-1159).

The Fourth Circuit Court of Appeals denied the petition for rehearing en banc (Fourth Circuit, No. 18-1159).

A smaller group of landowners filed a petition for a writ of certiorari with the U.S. Supreme Court to review “whether district courts have power, before the trial on just compensation, to issue a preliminary injunction granting immediate possession of property to a pipeline company in a condemnation proceeding under the Natural Gas Act.” (U.S. Sup. Ct. No. 19-54).

The U.S. Supreme Court denied hearing the matter (U.S. Sup. Ct. No. 19-54).

  • Petition denied (Oct. 7, 2019)

Sierra Club v. U.S. Army Corps of Engineers
(Fourth Circuit, No. 18-1173)

Sierra Club along with four environmental groups petitioned the U.S. Court of Appeals for the Fourth Circuit for a judicial review of the U.S. Army Corps of Engineers’ Nationwide Permit (NWP) 12 verification for the discharge of dredged and/or fill material into U.S. waters that was granted to Mountain Valley Pipeline, LLC on Dec. 22, 2017.

The Fourth Circuit Court of Appeals vacated the Corps’ NWP 12 verification and reinstatement in their entirety.

Sierra Club, Inc. v. U.S. Forest Service
(Fourth Circuit, No. 17-2399)

Several environmental groups petitioned the U.S. Court of Appeals for the Fourth Circuit seeking judicial review of the Jefferson National Forest Land and Resource Management Plan dated Dec. 2017, which was specifically amended to accommodate a right-of-way for the Mountain Valley Pipeline (MVP) project granted by the U.S. Bureau of Land Management (BLM).

The Fourth Circuit Court of Appeals vacated the Forest Service’s amended Land and Resource Management Plan and remanded it to the agency for reconsideration. The Appellate Court also vacated BLM’s decision to grant a right-of-way through Federal lands and remanded for consideration of the Mineral Leasing Act’s (MLA) preference for utilizing existing rights-of-way.

The Fourth Circuit granted rehearing of the case only “for the limited purpose of clarifying” that the court’s Jul. 27, 2018 opinion and order to vacate did not apply to BLM’s Record-of-Decision authorizing a right-of-way and temporary use permits for the Mountain Valley Pipeline project to cross the Weston and Gauley Bridge Turnpike Trail.

Sierra Club v. State Water Control Board
(Fourth Circuit, No. 17-2406)

Sierra Club along with three environmental groups petitioned the Fourth Circuit Court of Appeals seeking a judicial review of Virginia’s Section 401 certification that was issued in Dec. 2017 from the Virginia State Water Control Board for the Mountain Valley Pipeline (MVP) project.

The Fourth Circuit Court of Appeal denied the petition for review, trusting the State Water Control Board’s analytical methods.

Sierra Club v. West Virginia DEP
(Fourth Circuit, No. 17-1714)

Sierra Club along with four environmental groups petitioned the Fourth Circuit Court of Appeals for a judicial review of the Section 401 water quality certification issued by West Virginia Department of Environmental Protection (DEP) on Mar. 23, 2017 for the Mountain Valley Pipeline (MVP) project.

The Fourth Circuit Court of Appeals remanded the matter back to West Virginia DEP for further proceedings.

Wild Virginia, Inc. v. U.S. Dept. of the Interior
(Fourth Circuit, No. 19-1866)

A coalition of environmental groups petitioned the Fourth Circuit Court of Appeals seeking judicial review of the U.S. Fish and Wildlife Service’s (FWS) Biological Opinion (BiOp) and Incidental Take Statement (ITS) issued in Nov. 2017 for the Mountain Valley Pipeline project.

Petitioners filed a motion for stay of the BiOp and ITS pending appeal, alleging that the FWS failed to consider certain aspects of the project in their analysis that would significantly affect several threatened and endangered species.

The U.S. Department of the Interior requested the court to hold the proceedings in abeyance until Jan. 11, 2020, so that the Federal Regulatory Energy Commission (FERC) and FWS may consult each other to revise the BiOp and any other relevant documents.

The Fourth Circuit Court of Appeals entered an order staying the 2017 BiOp and ITS pending appeal and holding the case in abeyance for the time requested.

From January 2020 to April 2020, the U.S. Department of the Interior and Mountain Valley Pipeline, LLC successively sought to extend the abeyance of the proceedings. The Appellate Court lastly agreed to hold the case until the FWS issues a BiOp and ITS, which is still being awaited.

Petitioners Wild Virginia et al. filed a motion for voluntary dismissal of the petition for review. 

The Fourth Circuit Court of Appeals granted Petitioners’ motion to voluntary dismiss the case.