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

Nos. 18-1173, 18-1757.

909 F.3d 635 (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. 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.

Decided: November 27, 2018.


Attorney(s) appearing for the Case

ARGUED: Derek O. Teaney , APPALACHIAN MOUNTAIN ADVOCATES, Lewisburg, West Virginia, for Petitioners. John David Gunter II , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents. George Peter Sibley , HUNTON ANDREWS KURTH, LLP, Richmond, Virginia, for Intervenor. ON BRIEF: Evan D. Johns , APPALACHIAN MOUNTAIN ADVOCATES, INC., Lewisburg, West Virginia, for Petitioners. Jeffrey H. Wood , Acting Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, Emily A. Polachek , Environment & Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents. Kevin S. Elliker , Richmond, Virginia, Deidre G. Duncan , Brian R. Levey , HUNTON ANDREWS KURTH LLP, Washington, D.C.; Robert McLusky , Douglas J. Crouse , JACKSON KELLY PLLC, Charleston, West Virginia, for Intervenor.

Vacated by published opinion. Judge Wynn wrote the opinion, in which Chief Judge Gregory and Judge Thacker joined.


The Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices, and Chesapeake Climate Action Network ("Petitioners") ask this Court to set aside Respondent U.S. Army Corps of Engineers' (the "Corps") December 22, 2017, verification ("Verification") and July 3, 2018, reinstated verification...

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