Fourth Circuit Vacates Mountain Valley Pipeline Approval
03 February 2022
Sidley Austin LLP
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On Tuesday, the Fourth U.S. Court of Appeals will be held
CircuitVacateFor the second time, the
Record of decision issued U.S. Forest Service/Bureau of
Land Management allows the Mountain Valley Pipeline to cross
Three and a half miles of Jefferson National Forest, Virginia
West Virginia. In 2018, the court nullified the record
After finding that the agencies’ actions were ineffective, the agency took the decision.
Respect the National Environmental Policy Act, National Forest
Management Act and Mineral Leasing Act. After remand the agencies
A revised Record of Decision was issued; however, the court ruled in favor of the applicant.
Action was still lacking. 1) The agencies failed specifically to
Based on these factors, it is important to properly assess erosion and sedimentation concerns.
Evidence of the actual effects of the pipeline in areas other than
2) The National Forest;
The environmental effects of boring conventionally
Planned to be used as a crossing point for four streams; and 3) the Forest
Service’s amendments of the Jefferson Forest Plan didn’t work
Be sure to consider the actual sediment and erosion of the project.
This article is intended as a general overview.
guide to the subject matter Expert advice should be sought
Discuss your specific circumstances.
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