Home Energy and Environment BREAKING: 4th Circuit Court of Appeals Unanimously VACATES Right-of-Way Issued to Atlantic...

BREAKING: 4th Circuit Court of Appeals Unanimously VACATES Right-of-Way Issued to Atlantic Coast Pipeline

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More good news on the pipelines front…this time from the 4th Circuit Court of Appeals regarding the Atlantic Coast Pipeline (see ruling below, issued this afternoon). Key lines from the ruling: 1) “we hold that NPS’s permit decision is arbitrary and capricious. NPS began by invoking inapplicable laws. Even if this Court overlooks that error and assumes that NPS correctly interpreted the Organic Act to authorize rights-of-way for gas pipelines, NPS has not fulfilled its statutory mandate of ensuring consistency with values and purposes of the Blue Ridge Parkway unit and the overall National Park System.“; 2) “Respondents argue that this Court lacks authority to vacate the agency actions under the Natural Gas Act. However, Respondents’ position is contrary to the plain text of the Natural Gas Act.“; 3) “Because FWS and NPS have both granted authorizations in contravention of their respective statutory requirements, we conclude that the correct remedy is to vacate the ITS and the right-of-way permit, respectively”