WILD VIRGINIA v. U.S. FOREST SERVICE

Nos. 21-1039, 21-1082.

24 F.4th 915 (2022)

WILD VIRGINIA; Sierra Club; Appalachian Voices; Wilderness Society; Preserve Craig; Save Monroe; Indian Creek Watershed Association, Petitioners, v. UNITED STATES FOREST SERVICE, an agency of the U.S. Department of Agriculture; Jim Hubbard, in his official capacity as Under Secretary for Natural Resources and Environment, United States Department of Agriculture; Ken Arney, in his official capacity as Regional Forester of the Southern Region, Respondents, Mountain Valley Pipeline, LLC, Intervenor. Cherokee Forest Voices; Georgia ForestWatch; Mountaintrue; The Clinch Coalition; Virginia Wilderness Committee, Amici Supporting Petitioner. American Forest Resource Council; Black Hills Forest Resource Association; Colorado Timber Industry Association; Federal Forest Resource Coalition; Intermountain Forest Association; Montana Wood Products Association, Amici Supporting Respondent. Wild Virginia; Sierra Club; Appalachian Voices; The Wilderness Society; Preserve Craig; Save Monroe; Indian Creek Watershed Association, Petitioners, v. United States Bureau of Land Management, an agency of the U.S. Department of Interior; Deb Haaland, in her official capacity as Secretary of the Interior; Mitchell Leverette, in his official capacity as State Director, Bureau of Land Management, Eastern States, Respondents, Mountain Valley Pipeline, LLC, Intervenor. Cherokee Forest Voices; Georgia ForestWatch; MountainTrue; The Clinch Coalition; Virginia Wilderness Committee, Amici Supporting Petitioner, American Forest Resource Council; Black Hills Forest Resource Association; Colorado Timber Industry Association; Federal Forest Resource Coalition; Intermountain Forest Association; Montana Wood Products Association, Amici Supporting Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: January 25, 2022.


Attorney(s) appearing for the Case

ARGUED: Nathan Matthews , SIERRA CLUB, Oakland, California, for Petitioners. Brian C. Toth , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents. Donald B. Verrilli, Jr. , MUNGER, TOLLES & OLSON LLP, Washington, D.C., for Intervenor. ON BRIEF: Ankit Jain , SIERRA CLUB, Washington, D.C.; Derek O. Teaney , Benjamin Luckett , APPALACHIAN MOUNTAIN ADVOCATES, INC., Lewisburg, West Virginia, for Petitioners Wild Virginia, Sierra Club, Appalachian Voices, The Wilderness Society, Preserve Craig, Save Monroe, and Indian Creek Watershed Association. William J. Cook , Special Counsel, CULTURAL HERITAGE PARTNERS, PLLC, Washington, D.C., for Petitioner Monacan Indian Nation. Jean E. Williams , Acting Assistant Attorney General, Todd Kim , Acting Assistant Attorney General, Justin D. Hemminger , Environment and Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Michael D. Smith , Office of the Solicitor, UNITED STATES DEPARTMENT OF THE INTERIOR, Washington, D.C.; Sarah Kathmann , Office of the General Counsel, UNITED STATES DEPARTMENT OF AGRICULTURE, Washington, D.C., for Respondents. George P. Sibley, III , J. Pierce Lamberson , Brian R. Levey , HUNTON ANDREWS KURTH LLP, Richmond, Virginia; Sandra A. Snodgrass , HOLLAND & HART LLP, Denver, Colorado; Thomas C. Jensen , Stacey M. Bosshardt , PERKINS COIE LLP, Washington, D.C., for Intervenor. J. Patrick Hunter , Asheville, North Carolina, Spencer Gall , Kristin Davis , Gregory Buppert , SOUTHERN ENVIRONMENTAL LAW CENTER, Charlottesville, Virginia, for Amici Cherokee Forest Voices, Georgia ForestWatch, MountainTrue, The Clinch Coalition, and Virginia Wilderness Committee. Lawson E. Fite , AMERICAN FOREST RESOURCE COUNCIL, Portland, Oregon, for Amici American Forest Resource Council, Black Hills Forest Resource Association, Colorado Timber Industry Association, Federal Forest Resource Coalition, Intermountain Forest Association, and Montana Wood Products Association.

Petitions granted in part and denied in part, vacated and remanded by published opinion. Judge Thacker wrote the opinion, in which Chief Judge Gregory and Judge Wynn joined.


In these two consolidated cases, several environmental advocacy organizations — Wild Virginia, the Sierra Club, Appalachian Voices, the Wilderness Society, Preserve Craig, Save Monroe, and the Indian Creek Watershed Association (collectively, "Petitioners") — seek review of the renewed decisions of the United...

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