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Tag Archives: Environmental

WDVA: Pipeline construction run-off doesn’t merit injunction (access required)

Rain-induced sediment flows that have overcome Mountain Valley Pipeline’s erosion controls might not recur in the future, especially in light of heightened oversight by state and federal agencies. Therefore, preliminary injunctive relief is not appropriate. Background The Plaintiffs are landowners ...

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4th Cir.: State water agencies’ review of pipeline effects was sound (access required)

Based on thorough analysis by Virginia’s Department of Environmental Quality, the state Water Control Board had a sufficient basis to certify reasonable assurance that the Mountain Valley Pipeline Project – and the restrictions and protective measures it included – would ...

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4th Cir.: Federal agencies’ pipeline permissions vacated (access required)

Authorizations granted by U.S. Interior Department agencies for the Atlantic Coast Pipeline were arbitrary and capricious, failing to provide required explanations for key aspects of the underlying analysis. Background The Atlantic Coast Pipeline is a 600-mile pipeline designed to transport ...

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4th Cir.: District court couldn’t hear pipeline challengers’ suit (access required)

Congress stripped district courts’ jurisdiction to hear the claims of landowners challenging provisions of the Natural Gas Act, under which Mountain Valley Pipeline obtained administrative approval to begin construction. The district court properly dismissed their suit. Background The Plaintiffs are ...

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4th Cir.: Pipeline’s federal land permits invalidated (access required)

Under three environmental statutes, the Bureau of Land Management and U.S. Forest Service improperly approved rights-of-way through federal lands for Mountain Valley Pipeline’s construction and operation of the largest pipeline of its kind to cross the Jefferson National Forest. Background ...

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4th Cir.: Agency analysis of small-refinery exemption is flawed (access required)

Despite past efforts to improve its approach, the Department of Energy’s recommended analysis of economic hardship on small fuel refineries attempting to comply with federal renewable fuel standards is facially flawed. In considering a petition for a small-refinery exemption, the ...

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EDVA: Claiming nuisance, paper mill neighbors survive dismissal (access required)

West Point residents stated viable nuisance and trespass claims against a paper mill near their properties. The plaintiffs alleged that wood dust invades the air in their homes and cars, even with windows closed. Background In downtown West Point, Virginia, ...

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4th Cir.: EPA’s water oversight not yet triggered by state inaction (access required)

Although West Virginia has not promulgated or submitted required pollutant limits for its “biologically impaired” waterways, this failure doesn’t yet amount to a constructive submission of “no limits,” which would trigger EPA duties under the Clean Water Act. Background West ...

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WDVA: Tree-sitters in contempt, ordered to come down (access required)

Coles, Red, and Minor Terry were held in contempt of court for interfering with the Mountain Valley Pipeline’s use of easements of which it had been granted immediate possession. Red and Minor were given approximately one day to come down ...

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