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DEFENDERS OF WILDLIFE v. US DEPT OF THE INTERIOR

No. 18-2090.

931 F.3d 339 (2019)

DEFENDERS OF WILDLIFE; Sierra Club; Virginia Wilderness Committee, Petitioners, v. UNITED STATES DEPARTMENT OF THE INTERIOR; United States Fish and Wildlife Service, an agency of the U.S. Department of the Interior; Jim Kurth, in his official capacity as Acting Director; Paul Phifer, in his official capacity as Assistant Regional Director, Ecological Services, Responsible Official, Respondents, Atlantic Coast Pipeline LLC, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided: July 26, 2019.

Attorney(s) appearing for the Case

ARGUED: Austin Donald Gerken, Jr. , SOUTHERN ENVIRONMENTAL LAW CENTER, Asheville, North Carolina, for Petitioners. Kevin William McArdle , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents. Brooks Meredith Smith , TROUTMAN SANDERS, LLP, Richmond, Virginia, for Intervenor. ON BRIEF: Amelia Burnette , J. Patrick Hunter , Asheville, North Carolina, Gregory Buppert , SOUTHERN ENVIRONMENTAL LAW CENTER, Charlottesville, Virginia, for Petitioners. Eric Grant , Deputy Assistant Attorney General, Andrew C. Mergen , Avi Kupfer , Environment and Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Tony Sullins , S. Amanda Bossie , Office of the Solicitor, UNITED STATES DEPARTMENT OF THE INTERIOR, Washington, D.C., for Federal Respondents. Andrea W. Wortzel , TROUTMAN SANDERS LLP, Richmond, Virginia, for Intervenor.

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

In 2017, the U.S. Fish and Wildlife Service ("FWS") issued a Biological Opinion in connection with the proposed Atlantic Coast Pipeline, which will transport natural gas from West Virginia to Virginia and North Carolina. That Opinion, required by the Endangered Species Act, concluded that the proposed pipeline will not jeopardize...

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