On November 27, 2018, the US Fourth Circuit Court of Appeals ruled that the Army Corps of Engineers violated the Clean Water Act when it verified that construction of the Mountain Valley Pipeline project could proceed under Nationwide Permit 12 in West Virginia. The Court vacated the Corps’ verification in its entirety, leaving the project with no authorization under the Clean Water Act. The Court’s November 27, 2018, decision supports and expands upon their October 2, 2018, decision to vacate the Corps’ verification on more limited grounds.
A copy of the Court’s opinion is here.
A detailed explanation and interpretation from the Policy Resolution Group is here.
Coverage in the Charleston Gazette-Mail is here.