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SIERRA CLUB v. U.S. ARMY CORPS OF ENGINEERS

No. 18-1173 (L).

905 F.3d 285 (2018)

SIERRA CLUB; West Virginia Rivers Coalition; Indian Creek Watershed Association; Appalachian Voices; Chesapeake Climate Action Network Petitioners v. UNITED STATES ARMY CORPS OF ENGINEERS; Mark T. Esper, in his official capacity as Secretary of the U.S. Army; Todd T. Semonite, in his official capacity as U.S. Army Chief of Engineers and commanding General of the U.S. Army Corps of Engineers; Philip M. Secrist, in his official capacity as District Commander of the U.S. Army Corps of Engineers, Huntington District; Michael E. Hatten, in his official capacity as Chief, Regulatory Branch, U.S. Army Corps of Engineers, Huntington District Respondents. Mountain Valley Pipeline, LLC Intervenor

United States Court of Appeals, Fourth Circuit.

Filed: October 2, 2018.

Attorney(s) appearing for the Case

Evan Dimond Johns , APPALACHIAN MOUNTAIN ADVOCATES, INC, Charlottesville, VA, Joseph Mark Lovett , Derek Owen Teaney , Senior Attorney, APPALACHIAN MOUNTAIN ADVOCATES, Lewisburg, WV, for Petitioners.

Eric Allen Grant , Deputy Assistant Attorney General, John David Gunter, II , Emily Anne Polachek , Jeffrey H. Wood , U. S. DEPARTMENT OF JUSTICE, Washington, DC, for Respondents.

Douglas J. Crouse , Robert G. McLusky , JACKSON KELLY, PLLC, Charleston, WV, Deidre Glasser Duncan , Brian R. Levey , HUNTON ANDREWS KURTH, LLP, Washington, DC, Kevin Spencer Elliker , George Peter Sibley, III , HUNTON ANDREWS KURTH, LLP, Richmond, VA, for Intervenor.

ORDER

Petitioners ask this Court to set aside Respondent U.S. Army Corps of Engineers' (the "Corps") December 22, 2017, verification and July 3, 2018, reinstated verification that construction of the Mountain Valley Pipeline (the "Pipeline") can proceed under the terms and conditions of Clean Water Act Nationwide Permit 12 ("NWP 12...

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