SIERRA CLUB, INC. v. U.S. FOREST SERVICE

Nos. 17-2399, 18-1012, 18-1019, 18-1036.

897 F.3d 582 (2018)

SIERRA CLUB, INC.; Appalachian Voices; Wild Virginia, Inc., Petitioners, v. UNITED STATES FOREST SERVICE; United States Department of Agriculture, Respondents, Mountain Valley Pipeline, LLC, Intervenor. Cherokee Forest Voices; The Clinch Coalition; Georgia Forestwatch; Mountaintrue, Amici Supporting Petitioner. The Wilderness Society; Preserve Craig, Inc.; Save Monroe, Inc., Petitioners, v. United States Forest Service; United States Department of Agriculture, Respondents, Mountain Valley Pipeline, LLC, Intervenor. Sierra Club, Inc.; Appalachian Voices; Wild Virginia, Inc., Petitioners, v. United States Department of the Interior; United States Bureau of Land Management; United States Forest Service; United States Department of Agriculture, Respondents, Mountain Valley Pipeline, LLC, Intervenor. Cherokee Forest Voices; The Clinch Coalition; Georgia Forestwatch; Mountaintrue, Amici Supporting Petitioner. The Wilderness Society; Preserve Craig, Inc.; Save Monroe, Inc., Petitioners, v. United States Department of the Interior; United States Bureau of Land Management; United States Forest Service; United States Department of Agriculture, Respondents, Mountain Valley Pipeline, LLC, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided: July 27, 2018.


Attorney(s) appearing for the Case

ARGUED: Nathan Matthews , SIERRA CLUB ENVIRONMENTAL LAW PROGRAM, Oakland, California, for Petitioners. Kevin William McArdle , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents. George Peter Sibley, III , HUNTON ANDREWS KURTH LLP, Richmond, Virginia, for Intervenor. ON BRIEF: Elizabeth Fay Benson , SIERRA CLUB ENVIRONMENTAL LAW PROGRAM, Oakland, California, for Petitioners Sierra Club, Wild Virginia, and Appalachian Voices. Tammy L. Belinsky , Copper Hill, Virginia, for Petitioners The Wilderness Society, Preserve Craig, and Save Monroe. Jeffrey H. Wood , Acting Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, J. David Gunter II , Emily A. Polachek , Environment & Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; John Henson , Haninah Levine , Office of the Solicitor, UNITED STATES DEPARTMENT OF THE INTERIOR, Washington, D.C.; Jay McWhirter , Sarah Kathmann , Office of the General Counsel, UNITED STATES DEPARTMENT OF AGRICULTURE, Washington, D.C., for Respondents. Kevin S. Elliker , HUNTON ANDREWS KURTH LLP, Richmond, Virginia; Thomas C. Jensen , Washington, D.C., Murray D. Feldman , Boise, Idaho, Sandra A. Snodgrass , HOLLAND & HART LLP, Denver, Colorado, for Intervenor. J. Patrick Hunter , Austin D. Gerken, Jr. , Amelia Y. Burnette , Asheville, North Carolina; Gregory Buppert , SOUTHERN ENVIRONMENTAL LAW CENTER, Charlottesville, Virginia, for Amici Curiae.

Petitions granted, vacated and remanded by published opinion. Judge Thacker wrote the opinion, in which Chief Judge Gregory and Judge Traxler joined.


In this case, we address petitions seeking review of two federal agency decisions. The first is the Bureau of Land Management ("BLM")'s decision granting a right of way through federal land for construction and operation of a pipeline proposed by Mountain Valley Pipeline, LLC ("MVP"). The second is the United States Forest...

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