MOUNTAIN VALLEY PIPELINE, LLC v. NCDEQ

No. 20-1971.

990 F.3d 818 (2021)

MOUNTAIN VALLEY PIPELINE, LLC, Petitioner, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY; Michael S. Regan, in his official capacity as Secretary of the North Carolina Department of Environmental Quality; S. Daniel Smith, in his official capacity as Director, Division of Water Resources, of the North Carolina Department of Environmental Quality, Respondents. Sierra Club; Appalachian Voices; Center for Biological Diversity; Haw River Assembly, Intervenors.

United States Court of Appeals, Fourth Circuit.

Decided: March 11, 2021.


Attorney(s) appearing for the Case

ARGUED: Catherine E. Stetson , HOGAN LOVELLS US LLP, Washington, D.C., for Petitioner. Taylor Crabtree , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Respondents. ON BRIEF: Sean Marotta , HOGAN LOVELLS US LLP, Washington, D.C., for Petitioner. Joshua H. Stein , Attorney General, Asher P. Spiller , Assistant Attorney General, Brenda Menard , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Respondents. Jean Y. Zhuang , Alex J. Hardee , SOUTHERN ENVIRONMENTAL LAW CENTER, Chapel Hill, North Carolina, for Intervenor Haw River Assembly. Benjamin A. Luckett , APPALACHIAN MOUNTAIN ADVOCATES, Lewisburg, West Virginia, for Intervenors Sierra Club, Appalachian Voices, and Center for Biological Diversity.

Petition for review granted; vacated and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wynn and Judge Thacker joined.


Mountain Valley Pipeline, LLC ("MVP") seeks to build a natural gas pipeline running through North Carolina and its rivers, streams, and wetlands. To do so, MVP needed to obtain a Clean Water Act certification from the State's Department of Environmental Quality (the "Department"). The Department denied MVP the certification...

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