A federal appeals court on Monday vacated a water permit needed by developers to restart construction on the Mountain Valley pipeline in West Virginia, marking the latest setback for the $6.2 billion project.
several defects in the review the West Virginia Department of Environmental Protection conducted before issuing the permit.
Landowners and environmental groups including the Sierra Club sued in 2022, asking the 4th Circuit to toss the permit. They told the court the agency ignored Equitrans' history of violating state water regulations when it issued the permit under the Clean Water Act. “In the face of such a history, it is arbitrary and capricious for an agency to predict compliance without a rational explanation,” wrote Chief Judge Roger Gregory.
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