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

No. 20-2039, No. 20-2042.

981 F.3d 251 (2020)

SIERRA CLUB; Center for Biological Diversity; West Virginia Rivers Coalition; West Virginia Highlands Conservancy; Indian Creek Watershed Association; Appalachian Voices; Chesapeake Climate Action Network, Petitioners, v. UNITED STATES ARMY CORPS OF ENGINEERS; Ryan D. McCarthy, in his official capacity as Secretary of the U.S. Army; Lieutenant General Scott A. Spellmon, in his official capacity as U.S. Army Chief of Engineers and Commanding General of the U.S. Army Corps of Engineers; Major General Robert F. Whittle, Jr., in his official capacity as Division Commander of the U.S. Army Corps of Engineers, Great Lakes and Ohio River Division; Colonel Jason A. Evers, in his official capacity as District Commander of the U.S. Army Corps of Engineers, Huntington District; Theresa Spagna, in her official capacity as Chief, Regulatory North Branch, U.S. Army Corps of Engineers, Huntington District, Respondents, Mountain Valley Pipeline, LLC, Intervenor. Sierra Club; Center for Biological Diversity; Wild Virginia; Appalachian Voices; Chesapeake Climate Action Network, Petitioners, v. United States Army Corps of Engineers; Ryan D. McCarthy, in his official capacity as Secretary of the U.S. Army; Lieutenant General Scott A. Spellmon, in his official capacity as U.S. Army Chief of Engineers and Commanding General of the U.S. Army Corps of Engineers; Colonel Patrick V. Kinsman, in his official capacity as District Commander of the U.S. Army Corps of Engineers, Norfolk District; William T. Walker, in his official capacity as Chief, Regulatory Branch, U.S. Army Corps of Engineers, Norfolk District, Respondents, Mountain Valley Pipeline, LLC, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided: December 1, 2020.


Attorney(s) appearing for the Case

Derek Owen Teaney , APPALACHIAN MOUNTAIN ADVOCATES, Lewisburg, West Virginia, for Petitioners. Kevin William McArdle , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents. George Peter Sibley, III , HUNTON ANDREW KURTH, LLP, Richmond, Virginia, for Intervenor.

Motions for stay granted by published per curiam opinion.


The Sierra Club, Center for Biological Diversity, West Virginia Rivers Coalition, West Virginia Highlands Conservancy, Indian Creek Watershed Association, Appalachian Voices, and Chesapeake Climate Action Network (collectively, "Petitioners") filed the instant motions to stay certain agency actions of the United States Army

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