COWPASTURE RIVER PRESERVATION ASSOCIATION; Highlanders for Responsible Development; Shenandoah Valley Battlefields Foundation; Shenandoah Valley Network; Sierra Club; Virginia Wilderness Committee; Wild Virginia, Inc., Petitioners,
v.
FOREST SERVICE, an Agency of the U.S. Department of the Agriculture; Kathleen Atkinson, in Her Official Capacity as Regional Forester of the Eastern Region; Ken Arney, in His Official Capacity as Acting Regional Forester of the Southern Region, Respondents,
Atlantic Coast Pipeline LLC, Intervenor.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: September 28, 2018.
Decided: December 13, 2018.
Attorney(s) appearing for the Case
ARGUED: Austin D. Gerken, Jr. , SOUTHERN ENVIRONMENTAL LAW CENTER, Asheville, North Carolina, for Petitioners. Avi Kupfer , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents. Brooks Meredith Smith , TROUTMAN SANDERS LLP, Richmond, Virginia, for Intervenor. ON BRIEF: Amelia Burnette , J. Patrick Hunter , Asheville, North Carolina, Gregory Buppert , Jonathan Gendzier , SOUTHERN ENVIRONMENTAL LAW CENTER, Charlottesville, Virginia, for Petitioners Cowpasture River Preservation Association, Highlanders for Responsible Development, Shenandoah Valley Battlefields Foundation, Shenandoah Valley Network, and The Virginia Wilderness Committee. Nathan Matthews , SIERRA CLUB ENVIRONMENTAL LAW PROGRAM, Oakland, California, for Petitioners Sierra Club and Wild Virginia, Inc. Eric Grant , Deputy Assistant Attorney General, Andrew C. Mergen , J. David Gunter II , Environment & Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Stephen A. Vaden , Principal Deputy General Counsel, Washington, D.C., Jay McWhirter , Sarah Kathmann , Office of the General Counsel, UNITED STATES DEPARTMENT OF AGRICULTURE, Atlanta, Georgia, for Respondents. Andrea W. Wortzel , TROUTMAN SANDERS LLP, Richmond, Virginia, for Intervenor.
Petition for review granted, vacated and remanded by published opinion. Judge Thacker wrote the opinion, in which Chief Judge Gregory and Judge Wynn joined.
THACKER, Circuit Judge:
In this case, we address whether the United States Forest Service ("Forest Service") complied with the National Forest Management Act ("NFMA"), the National Environmental Policy Act ("NEPA"), and the Mineral Leasing Act ("MLA") in issuing a Special Use Permit ("SUP") and Record of Decision ("ROD") authorizing Atlantic Coast...
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