4th Circuit Court Stays ACP Permit in WV

On Wednesday November 7, 2018, the 4th U.S. Circuit Court of Appeals ordered a temporary halt to the water-crossing permit allowing the Atlantic Coast Pipeline to build through streams and rivers in West Virginia. Although the Army Corps of Engineers had issued a “Nationwide Permit 12,” the West Virginia Department of Environmental Protection inserted two stipulations, requiring that stream crossings must be completed in 72 hours, and that structures authorized by the permit could not impede fish from swimming upstream or downstream. ACP then changed its construction method for crossing the Greenbrier River to a method environmental lawyers say violates the WV DEP conditions.

The Corps reinstated their permit in October, and last week Appalachian Mountain Advocates, on behalf of the Sierra Cub, West Virginia Rivers Coalition, West Virginia Highlands Conservancy, Appalachian Voices, and Chesapeake Climate Action Network, asked the 4th Circuit Court for a stay to pause the construction. The Court issued the two-page order from Chief Judge Roger Gregory, with the concurrence of Judge James Wynn and Judge Stephanie Thacker.

Read the Court’s order here.

Charleston Gazette-Mail press coverage is here.