Appalachian Voices v. State Water Control Bd. (P)

Pursuant to the Clean Water Act, the Virginia State Water Control Board certified that it had reasonable assurance that activities related to the construction of a natural gas pipeline would not degrade the state’s water resources. Contrary to the petitioners’ arguments, the Board’s certification for upland areas was not arbitrary and capricious.

The Board’s decisions, including re-opening of the comment period, not conducting a combined-effect analysis, and reliance on existing water quality standards in the agency’s reasonable-assurance determination, were made in consideration of relevant factors and do not demonstrate a clear error of judgment.

Petition denied.

Appalachian Voices v. St. Water Control Bd. (P), No. 18-1077, Jan. 14, 2019. 4th Cir. (Gregory) from FERC.

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


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