Sierra Club v. U.S. Army Corps of Eng’rs (P)

In verifying that Mountain Valley Pipeline can proceed with construction under Clean Water Act Nationwide Permit 12, rather than under an individual permit, the U.S. Army Corps of Engineers lacked authority to substitute a “dry cut” river-crossing requirement for West Virginia’s 72-hour temporal restriction. The court’s reasoning will be explained more fully in a forthcoming opinion.

The Corps’s verification of the Pipeline’s compliance with Nationwide Permit 12 is vacated in its entirety.

Sierra Club v. U.S. Army Corps of Eng’rs (P), No. 18-1173, Oct. 2, 2018. 4th Cir. (per curiam order).

Categories: 4th U.S. Circuit Court of Appeals, Opinions, Published


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