Gabby Brown, gabby.brown@sierraclub.org
Washington, DC — Today, the Fourth Circuit Court of Appeals denied Mountain Valley Pipeline’s rehearing request on the court’s decision invalidating the biological opinion and incidental take statement issued by the U.S. Fish and Wildlife Service under the Endangered Species Act. The court originally found that the agency failed to adequately analyze the project's environmental context when assessing the detrimental impacts to the Roanoke logperch and the candy darter, a species on the brink of extinction. This comes after last week’s court decision to deny another rehearing request of a ruling that barred construction through the Jefferson National Forest.
These repeated judicial setbacks underscore the growing difficulties for the project’s chance of being built in a timely manner or at all, given the uncertainty from investors, the legal and regulatory challenges, and the missing permits for hundreds of water crossings.
Construction of the Mountain Valley Pipeline has harmed Appalachia’s treasured streams and forested hillsides. These recent decisions to not rehear the cases en banc prevent this pipeline from endangering the Jefferson National Forest, wildlife – including the Roanoke logperch and the candy darter on the brink of extinction – and habitats that make up the heart of one of the largest remaining wild landscapes in the eastern United States.
In response, Sierra Club Senior Campaign Representative Caroline Hansley released the following statement:
“Twice now, MVP has been left high and dry in their attempts to reverse court decisions and complete their dangerous and unnecessary project. This project was not intended to sustain a healthy planet and livable communities, but rather the beleaguered project, which is more than three years behind schedule and billions over budget, was intended to line polluters’ pockets. MVP is not inevitable and rather than gambling on this reckless project, investors and developers should pack up their bags, cut their losses and get out of this boondoggle.”
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.