APPALACHIAN VOICES; Chesapeake Climate Action Network; Sierra Club; Wild Virginia, Inc.; Cowpasture River Preservation Association; Friends of Buckingham; Highlanders for Responsible Development; Jackson River Preservation Association; Potomac Riverkeeper, d/b/a Potomac Riverkeeper Network, Inc.; Shenandoah Riverkeeper, a Program of Potomac Riverkeeper Network; Shenandoah Valley Battlefields Foundation; Shenandoah Valley Network; Virginia Wilderness Committee, Petitioners,
v.
STATE WATER CONTROL BOARD; David K. Paylor, Director, Virginia Department of Environmental Quality; Robert Dunn, Chair of the State Water Control Board; Virginia Department of Environmental Quality; Melanie D. Davenport, Director, Water Permitting Division, Virginia Department of Environmental Quality, Respondents,
Atlantic Coast Pipeline LLC, Intervenor.
Chesapeake Bay Foundation, Incorporated; Robert Whitescarver; Jeanne Hoffman, Petitioners,
v.
State Water Control Board; Melanie D. Davenport, Director, Water Permitting Division, Virginia Department of Environmental Quality; Robert Dunn, Chair of the State Water Control Board; Virginia Department of Environmental Quality; David K. Paylor, Director, Virginia Department of Environmental Quality, Respondents,
Atlantic Coast Pipeline LLC, Intervenor.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: September 28, 2018.
Decided: January 14, 2019.
Attorney(s) appearing for the Case
ARGUED: Benjamin Alan Luckett, APPALACHIAN MOUNTAIN ADVOCATES, Lewisburg, West Virginia, for Petitioners. Toby Jay Heytens, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Respondents. Brooks Meredith Smith, TROUTMAN SANDERS LLP, Richmond, Virginia, for Intervenor. ON BRIEF: Gregory Buppert, Charmayne G. Staloff, Jonathan M. Gendzier, SOUTHERN ENVIRONMENTAL LAW CENTER, Charlottesville, Virginia, for Petitioners Cowpasture River Preservation Association, Friends of Buckingham, Highlanders for Responsible Development, Jackson River Preservation Association, Inc., Potomac Riverkeeper, Inc., Shenandoah Riverkeeper, Shenandoah Valley Battlefields Foundation, Shenandoah Valley Network, and Virginia Wilderness Committee. Joseph M. Lovett, APPALACHIAN MOUNTAIN ADVOCATES, Lewisburg, West Virginia, for Petitioners Appalachian Voices, Chesapeake Climate Action Network, Sierra Club, and Wild Virginia. Jon Alan Mueller, Margaret L. Sanner, Ariel Solaski, CHESAPEAKE BAY FOUNDATION, INC., Annapolis, Maryland, for Petitioners Chesapeake Bay Foundation, Inc., Jeanne Hoffman, and Robert Whitescarver. Mark R. Herring, Attorney General, Stephen A. Cobb, Deputy Attorney General, Donald D. Anderson, Senior Assistant 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. Andrea W. Wortzel, TROUTMAN SANDERS LLP, Richmond, Virginia, for Intervenor.
Petition for review denied by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wynn and Judge Thacker joined.
GREGORY, Chief Judge:
Pursuant to Section 401 of the Clean Water Act ("CWA"), the Virginia State Water Control Board ("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. Environmental groups and their individual members disagreed...
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