SIERRA CLUB INC v. LLC (2018)

United States Court of Appeals, Fourth Circuit.

SIERRA CLUB, INC.; Appalachian Voices; Wild Virginia, Inc. Petitioners v. UNITED STATES FOREST SERVICE; United States Department of Agriculture Respondents Mountain Valley Pipeline, LLC Intervenor
Cherokee Forest Voices; The Clinch Coalition; Georgia ForestWatch; MountainTrue Amici Supporting Petitioner The Wilderness Society; Preserve Craig, Inc.; Save Monroe, Inc. Petitioners v. United States Forest Service; United States Department of Agriculture Respondents
Mountain Valley Pipeline, LLC Intervenor Sierra Club, Inc.; Appalachian Voices; Wild Virginia, Inc. Petitioners v. United States Department of the Interior; United States Bureau of Land Management; United States Forest Service; United States Department of Agriculture Respondents Mountain Valley Pipeline, LLC Intervenor
Cherokee Forest Voices; The Clinch Coalition; Georgia ForestWatch; MountainTrue Amici Supporting Petitioner The Wilderness Society; Preserve Craig, Inc.; Save Monroe, Inc. Petitioners v. United States Department of the Interior; United States Bureau of Land Management; United States Forest Service; United States Department of Agriculture Respondents Mountain Valley Pipeline, LLC Intervenor

No. 17-2399 (L), No. 18-1012, No. 18-1019, No. 18-1036

Decided: October 10, 2018

Elizabeth Fay Benson, Nathan Matthews, Sierra Club, Oakland, CA, for Petitioners Eric Allen Grant, Deputy Assistant Attorney General, U.S. Department of Justice, Washington, DC, John David Gunter, II, Avi Kupfer, Emily Anne Polachek, Jeffrey H. Wood, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, John Henson, Haninah Levine, Department of the Interior, Office of the Solicitor, Washington, DC, Sarah Kathmann, Jay McWhirter, U.S. Department of Agriculture, Office of General Counsel, Atlanta, GA, for Respondent Deidre Glasser Duncan, Hunton Andrews Kurth, LLP, Washington, DC, Kevin Spencer Elliker, George Peter Sibley, III, Hunton Andrews Kurth, LLP, Richmond, VA, Murray D. Feldman, Holland & Hart LLP, Boise, ID, Thomas Christian Jensen, Holland & Hart, Washington, DC, Sandra Ann Snodgrass, Holland & Hart, LLP, Denver, CO, for Intervenor Gregory Doran Buppert, Southern Environmental Law Center, Charlottesville, VA, Amelia Yvonne Burnette, Austin Donald Gerken, Jr., James Patrick Hunter, Southern Environmental Law Center, Asheville, NC, for Amici Supporting Petitioners Cherokee Forest Voices, The Clinch Coalition, Georgia ForestWatch, MountainTrue

ORDER

Intervenor Mountain Valley Pipeline (“MVP”) has filed a petition for rehearing in this case. Pursuant to Fed. R. App. Proc. 40(a)(4)(A) and (C), we grant rehearing for the limited purpose of clarifying that our prior opinion in Sierra Club v. United States Forest Service, 897 F.3d 582 (4th Cir. 2018), does not vacate the portion of the Bureau of Land Management's Record of Decision authorizing a right of way and temporary use permits for MVP to cross the Weston and Gauley Bridge Turnpike Trail. The opinion otherwise remains in effect, and reargument is not necessary.

Entered at the direction of Judge Thacker with the concurrence of Chief Judge Gregory and Senior Judge Traxler.

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