On October 2, 2018, the Fourth Circuit Court of Appeals issued an order that will significantly impede construction of the Mountain Valley Pipeline, halting MVP construction through rivers and streams in southern West Virginia for the foreseeable future. Last week, Appalachian Mountain Advocates, representing the Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices, and the Chesapeake Climate Action Network, challenged the Army Corps of Engineers’ certification for the pipeline under a general permit, Clean Water Act Nationwide Permit 12. The Court agreed with their argument that the Corps improperly certified the MVP under the general permit.
The petitioners asserted that the Corps improperly imposed one condition requiring use of a “dry cut” method for constructing four river crossings “in lieu of” a special condition imposed by West Virginia which said “[i]ndividual stream crossings must be completed in a continuous, progressive manner within 72 hours.” Construction using the “dry cut” method was expected to take four-six weeks rather than 72 hours.
The Court vacated “in its entirety the Corps’ verification of the Pipeline’s compliance with NWP 12.” The order explained that if any part of the project requires an individual permit, then “the NWP does not apply and all portions of the project must be evaluated as part of the individual permit process.”
Appalachian Mountain Advocates expects the Corps will now be required to issue an individual permit for the project, requiring a significant environmental assessment, before it may proceed to construction.
Read the Court’s order here.
Press coverage in the Charleston Gazette-Mail is here.