Sierra Club, Inc. v. U.S. Forest Service

Opinion

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.

UNITED STATES FOREST SERVICE; UNITED STATES DEPARTMENT OF AGRICULTURE

No. 18-1019 ___________________

UNITED STATES DEPARTMENT OF THE INTERIOR; UNITED STATES BUREAU OF LAND MANAGEMENT; UNITED STATES FOREST SERVICE; UNITED STATES DEPARTMENT OF AGRICULTURE

------------------------------ CHEROKEE FOREST VOICES; THE CLINCH COALITION; GEORGIA FORESTWATCH; MOUNTAINTRUE

No. 18-1036 ___________________

THE WILDERNESS SOCIETY; PRESERVE CRAIG, INC.; SAVE MONROE, INC.

UNITED STATES DEPARTMENT OF THE INTERIOR; UNITED STATES BUREAU OF LAND MANAGEMENT; UNITED STATES FOREST SERVICE; UNITED STATES DEPARTMENT OF AGRICULTURE

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