Friday, December 7, 2018: ACP has voluntarily stopped work on the pipeline project after continued opposition from Senior Attorney Nathan Matthews of ELP and other organizations. Here's a recap of how it went down:
On Sept. 24, the court stayed the permits from the Forest Service, effectively prohibiting activity along the 21 miles of pipeline route within the Monongahela and George Washington National Forests. That case was argued on Sept. 28, and we expect a decision from the Court any day. If the court vacates the presently-stayed Forest Service authorization, this will require a remand and further public comment. That process would likely take several months: the Fourth Circuit vacated the Forest Service's corresponding approval of the Mountain Valley Pipeline in July, ad the Forest Service still hasn't even made it as far as offering public comment on a revised decision. This case is 18-1144. Nathan Matthews represents Sierra Club and Wild Virginia in this case; the Southern Environmental Law Center represents a coalition of additional groups.
On November 7, the court stayed the Army Corps of Engineers' permit issued under Clean Water Act section 404 (issued under Nationwide Permit 12), prohibiting ACP from doing any construction in rivers or streams. Briefing in this case is ongoing and will wrap up in January, with oral argument sometime next year. This is case 18-2273; Sierra Club and various co-petitioners are represented by Appalachian Mountain Advocates.
On December 7, the court stayed the Fish and Wildlife Service's Biological Opinion and Incidental Take Statement. This stay effectively prohibits all activity in habitat for species protected under the Endangered Species Act. This case is currently being briefed and is on calendar for argument in March. This is case 18-2090; Sierra Club, Defenders of Wildlife, and Virginia Wilderness Committee are the petitioners, represented by Southern Environmental Law Center.
Faced with all three of these overlapping restrictions, plus our ongoing FERC and other litigation, today ACP informed FERC that it was halting construction everywhere.