Description: Challenge to FERC order approving Mountain Valley Pipeline extending from West Virginia to Virginia.
Appalachian Voices v. Federal Energy Regulatory Commission
Filing Date Type File Action Taken Summary 05/16/2018 Order Download Motion to hold cases in abeyance or to defer filing of certified index to the record denied. 02/20/2018 Motion Download Motion filed by FERC to holding proceeding in abeyance or, in the alternative, to defer filing of the certified index to the record. 01/26/2018 Motion to Dismiss Download Motion to dismiss filed. On January 26, 2018, FERC filed a motion to dismiss the petitions for lack of jurisdiction. FERC argued that the challenged order was not final and that the petitions were "incurably premature" because requests for rehearing, including requests filed by the petitioners, remained pending. 01/26/2018 Reply Download Reply filed by Blue Ridge Environmental Defense League to oppositions to motion for stay and All Writs Act petition. 01/26/2018 Reply Download Reply filed by Appalachian Voices et al. in support in motion for stay and All Writs Act petition. 01/22/2018 Opposition Download Opposition filed by FERC to motions for stay and to petition under All Writs Act. 01/08/2018 Motion Download Motion for stay filed by Appalachian Voices et al. Alleging Lack of Market Demand and Failure to Consider Climate Impacts, Environmental Groups Sought to Stay Construction of Mountain Valley Pipeline. Environmental groups filed lawsuits in the D.C. Circuit Court of Appeals challenging the Federal Energy Regulatory Commission’s (FERC’s) order authorizing the Mountain Valley Pipeline, a 303.5-mile gas pipeline extending from West Virginia to Virginia. On January 8, 2018, the environmental groups filed a separate proceeding pursuant to the All Writs Act seeking a writ staying FERC’s order until FERC ruled on the merits of a pending request for rehearing. The groups said FERC had developed “a troubling pattern of preventing parties … from appealing FERC’s orders until much (if not all) of a pipeline is complete, thereby depriving petitioners of effective means of protecting their property and environmental interests and effectively depriving courts of their jurisdiction to review FERC orders.” The groups also filed motions for stays pending the D.C. Circuit’s review of FERC’s actions. The groups contended that they had demonstrated a high likelihood of success on the merits of their claims that FERC did not have sufficient evidence of market demand to support a finding of public convenience and necessity pursuant to the Natural Gas Act and had violated NEPA by, among other things, failing to adequately consider the pipeline’s climate impacts. 12/22/2017 Petition for Review Download Petition for review filed.
In re Appalachian Voices
Filing Date Type File Action Taken Summary 01/08/2018 Petition Download Petition for writ staying the FERC order filed by Appalachian Voices et al.
Blue Ridge Environmental Defense League v. Federal Energy Regulatory Commission