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Sierra Club, Inc. v. U.S. Forest Service, 17-2399 (2018)

Court: Court of Appeals for the Fourth Circuit Number: 17-2399 Visitors: 24
Filed: Oct. 10, 2018
Latest Update: Mar. 03, 2020
Summary: FILED: October 10, 2018 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT _ No. 17-2399 (L) _ 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 _ No. 18-1012 _ THE WILDERNESS SOCIETY; PRESERVE CRAIG, INC.; SAVE MONROE, INC. Petitioners v.
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                                                       FILED: October 10, 2018


                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                 ___________________

                                    No. 17-2399 (L)
                                 ___________________

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

                                 ___________________

                                     No. 18-1012
                                 ___________________
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

                                 ___________________

                                     No. 18-1019
                                 ___________________


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

                              ___________________

                                  No. 18-1036
                              ___________________


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

                              ___________________

                                   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.

                                     For the Court

                                     /s/ Patricia S. Connor, Clerk

Source:  CourtListener

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