SIERRA CLUB v. STATE WATER CONTROL BD.

Nos. 17-2406, 17-2433.

898 F.3d 383 (2018)

SIERRA CLUB; Appalachian Voices; Chesapeake Climate Action Network; Wild Virginia, Petitioners, v. STATE WATER CONTROL BOARD; Robert Dunn, Chair of the State Water Control Board; Heather Wood, Vice-Chair of the State Water Control Board; Lou Ann Jesse-Wallace, Member of the State Water Control Board; Timothy G. Hayes, Member of the State Water Control Board; Roberta A. Kellam, Member of the State Water Control Board; G. Nissa Dean, Member of the State Water Control Board; Robert Wayland, III, Member of the State Water Control Board; Department of Environmental Quality; David K. Paylor, Director, Department of Environmental Quality; Melanie D. Davenport, Director, Water Permitting Division, Department of Environmental Quality, Respondents, Mountain Valley Pipeline, LLC, Intervenor. Chesapeake Bay Foundation, Inc., Amicus Supporting Petitioner. Del. Sam Rasoul; Preserve Craig, Inc.; Doe Creek Farm, Inc.; Georgia Haverty; Four Corners Farm, LLC; David J. Werner; Betty B. Werner; Ian Elliott Reilly; Carolyn Elizabeth Reilly; Robert M. Jones; Donna T. Jones; Blue Ridge Environmental Defense League; Preserve Bent Mountain; Preserve Floyd; Preserve Franklin; Pittsylvania Pride, Petitioners, v. State Water Control Board; Robert Dunn, Chair of the State Water Control Board; Heather Wood, Vice-Chair of the State Water Control Board; Lou Ann Jesse-Wallace, Member of the State Water Control Board; Timothy George Hayes, Member of the State Water Control Board; Roberta A. Kellam, Member of the State Water Control Board; G. Nissa Dean, Member of the State Water Control Board; Robert Wayland, III, Member of the State Water Control Board; Department of Environmental Quality; David K. Paylor, Director, Department of Environmental Quality; Melanie D. Davenport, Director, Water Permitting Division, Department of Environmental Quality, Respondents, Mountain Valley Pipeline, LLC, Intervenor. Chesapeake Bay Foundation, Incorporated, Amicus Supporting Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided: August 1, 2018.


Attorney(s) appearing for the Case

ARGUED: Benjamin Alan Luckett , APPALACHIAN MOUNTAIN ADVOCATES, INC., Lewisburg, West Virginia, for Petitioners. Toby Jay Heytens , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Respondents. George Peter Sibley, III , HUNTON ANDREWS KURTH LLP, Richmond, Virginia, for Intervenor. ON BRIEF: Joseph M. Lovett , Derek O. Teaney , APPALACHIAN MOUNTAIN ADVOCATES, INC., Lewisburg, West Virginia, for Petitioner Sierra Club, et al. Tammy L. Belinsky , Copper Hill, Virginia, for Petitioner Del. Sam Rasoul, et al. Mark R. Herring , Attorney General, J. Duncan Pitchford , Assistant Attorney General, David C. Grandis , Assistant Attorney General, Matthew R. McGuire , Deputy Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Respondents. Kevin S. Elliker , Richmond, Virginia, Deidre G. Duncan , HUNTON ANDREWS KURTH LLP, Washington, D.C.; Christopher D. Pomeroy , Justin Curtis , AQUALAW PLC, Richmond, Virginia, for Intervenor. Jon Mueller , CHESAPEAKE BAY FOUNDATION, INC., Annapolis, Maryland, for Amicus Curiae.

Petition for review denied by published opinion. Judge Traxler wrote the opinion, in which Chief Judge Gregory and Judge Thacker joined.


Virginia certified under Section 401 of the Clean Water Act that it had reasonable assurance that certain activities regarding the construction of a natural gas pipeline would not degrade the state's water. Several environmental groups, individuals, and other entities petition for review. Concluding that Virginia's issuance...

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