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The pipeline is backed by four utilities: Dominion Energy, Duke Energy, Piedmont Natural Gas and Southern Company Gas. In the MVP ruling, the court wrote: “American citizens understandably place their trust in the Forest Service to protect and preserve this country’s forests, and they deserve more than silent acquiescence to a pipeline company’s justification for upending large swaths of national forest lands.Citizens also trust in the Bureau of Land Management to prevent undue degradation to public lands by following the dictates of the MLA,” the Mineral Leasing Act.5, 2018, with new tree-sitters periodically joining the protest, including a 44-year-old grandmother.

Dominion did not.“Dominion bet its project on one crossing point for the Appalachian Trail,” said Greg Buppert, a lawyer at the Southern Environmental Law Center.

“It never looked at alternatives that cross in a different place, and therefore never got off of national forest land.”“We’re not even talking about a project that is something in the public interest of Virginians, we’re talking about a project that is over budget, overdue and as time passes we can see is unneeded to meet energy demands,” said Kate Wofford, executive director of the Alliance for the Shenandoah Valley, in a news release about the letter.

Another protester who barricaded himself inside a length of pipeline earlier this month was charged with two felonies — threats of terrorist acts and property destruction.

In Elliston, Virginia, protesters have occupied tree stands since Sept.

Both require approvals from the federal and state governments under sections 404 and 401 of the Clean Water Act, which are separate but related. The nationwide permit, however, is also tied to state 401 certifications.

In 2017, West Virginia had applied conditions to its certifications of Nationwide Permit 12, including that pipelines greater than 36 inches in diameter receive individual water quality certifications from the state, that construction of all stream crossings be completed in fewer than 72 hours and a prohibition on any structures that impeded the movement of fish.The shifting status of endangered species may also complicate the projects.The Atlantic Coast and Mountain Valley pipelines both aim to take natural gas from the fracking fields of the Marcellus and Utica formations in northern Appalachia to customers on the East Coast, and perhaps beyond.Unless the Supreme Court overturns it, the 4th Circuit’s ruling holds important implications for both pipelines, because the rights of way to cross the trail on federal land also can’t be granted by the National Park Service alone.Instead, the projects would have to look for a legislative fix from Congress.seeking to find out whether the “Columbia Gas of Virginia Peters Mountain Variation” is under consideration by MVP as an alternative to crossing the Appalachian Trail on national forest.

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