Federal Court Voids Mountain Valley Pipeline Stream Permit From DEP

The Fourth U.S. Circuit Court of Appeals has voided the West Virginia Department of Environmental Protection’s clean water certification for the project.

An aerial photo of the Mountain Valley Pipeline. The unfinished project is seen in a trench in the middle of a green forest.

The Mountain Valley Pipeline has been dealt another setback in federal court.

The Fourth U.S. Circuit Court of Appeals has voided the West Virginia Department of Environmental Protection’s clean water certification for the project.

The builders of the 300-mile natural gas pipeline will have to start over. It needs the permission of the U.S. Army Corps of Engineers to cross streams and wetlands, and it cannot receive that without the DEP’s certification.

The project is behind schedule in part due to multiple legal setbacks.

It lacks authorization from the U.S. Forest Service to cross the Jefferson National Forest on the border between West Virginia and Virginia because of an earlier ruling from the Fourth Circuit.

The pipeline is a top priority for state leaders, including U.S. Sens. Joe Manchin and Shelley Moore Capito.

Last month, Republican U.S. Rep. Carol Miller introduced a bill in the House of Representatives to finish the pipeline.

Author: Curtis Tate

Curtis is our Energy & Environment Reporter, based in Charleston. He has spent more than 17 years as a reporter and copy editor for Gannett, Dow Jones and McClatchy. He has written extensively about travel, transportation and Congress for USA TODAY, The Bergen Record, The Lexington Herald-Leader, The Wichita Eagle, The Belleville News-Democrat and The Sacramento Bee. You can reach him at ctate@wvpublic.org.

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