A panel of three charm court judges just shoot down a major Atlantic slide lifelike gas project that was set to tear through two national forests — again .
The Fourth U.S. Circuit Court of AppealsruledThursday that the proposed Atlantic Coast Pipeline needs to remain out of the George Washington and Monongahela National Forests in West Virginia . This is the latest in astringofrecentcourt decision that could potentially bolt down the 600 - mile long rude gas pipeline .
Environmental activistshave been fightingthis $ 5 billion pipeline project , which is set to cut through West Virginia , Virginia , and North Carolina , for years . They ’re worried about gas leaks , which could harm surrounding ecosystems . They also do n’t want any risk of explosions , which grows with the size of the line — and this one is wider than most at 42 inches .
This latest ruling now has the projection on pause . And it ’ll remain that way unless the project developers — which let in Dominion Energy , Duke Energy , Piedmont Natural Gas , and Southern Company Gas — can figure out a new path that skips the 21 miles of interior forest demesne and meet the justice ’ petition on further environmental review .
The court rule nemine contradicente that the Forest Service violated the National Environmental Policy Act and National Forest Management Act in its granting of a exceptional use license and disk of determination for the pipeline to cross these two national forests , as well as the Appalachian National Scenic Trail . The Book of Judges argue that this authority is under the National Park Service , not the Forest Service .
https://gizmodo.com/everything-to-know-about-the-atlantic-coast-pipeline-fe-1819557910
Plus , the Forest Service seems to have half - assed its analysis of the line ’s environmental shock . In the judges ’ words , “ [ W]e can not reason out that the Forest Service pack a hard look at the environmental consequence of its conclusion . ” They go on , “ This conclusion is particularly informed by the Forest Service ’s serious environmental headache that were suddenly , and mysteriously , assuage in time to meet a individual pipeline caller ’s deadlines . ”
The courtyard is enquire the table service to examine how the word of mouth ’s construction could impact erosion , alluviation , and water timbre issues the environmental impact command miscarry to address . In a pretty badass move , the judges even quote Dr. Seuss in their order , note their reliance in the Forest Service ’s ability to “ address for the Tree , for the trees have no tongues . ”
Earther has reach out to developer Dominion Energy for input and will update when we learn back . Dominiontold the Associated Pressit plans to petition the courtroom for an en banc review where all member of the Fourth Circuit Appeals Court can try the case , but the court must sanction this move .
D.J. Gerken , an lawyer with the Southern Environmental Law Center who argue the case , told Earther it ’s uncommon for judges to grant such a reassessment , and he does n’t expect it to happen this time . Even if they do , he ’s not expecting the decisiveness to change .
“ We ’ll see what the court says , but the panel ’s decision was well - reasoned and based on the fact of the case , ” Gerken say .
If that path does n’t work for the line developer , they can also choose to take the slip to the U.S. Supreme Court , but the justices have discretion over whether they take the case on . As for the plaintiff that brought the suit , they consider this casing over and done with .
The Southern Environmental Law Center has three other case pending on this vim undertaking , includingone on peril coinage , another on a freestanding crossingthrough the Blue Ridge Parkway , andwhether the task is even necessary .
“ Every single one of this agency decisions was race through with cut corners and reception to acute political force per unit area , so we ’re grateful that impediment and balances are ferment , ” Gerken told Earther . “ All these agencies are capable to rule to protect the environment , and they do n’t get to brush off them for a politically powerful developer . ”
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