RICHMOND — Environmental groups are again seeking for a federal judge to stop the construction of the Mountain Valley Pipeline, according to court documents filed last week.
The conservation groups filed a motion in the U.S. Court of Appeals for the Fourth Circuit asking for the pipeline construction to stop again. As of June, the pipeline was 92% complete.
On Nov. 5, George P. Sibley, counsel for Mountain Valley Pipeline, sent a letter to the court, saying the pipeline would be harmed if the stay was granted.
"Mountain Valley Pipeline will suffer immediate and irreparable economic loss if a stay is granted," Sibley wrote. "Contrary to Petitioners’ claims, the recent public statements of Equitrans Midstream Corporation, a partial owner of Mountain Valley, do not in any way refute this critical fact."
Sibley wrote that when Mountain Valley filed its opposition to the petitioner’s motion to stay, it planned to complete construction to 'final grade' in most of West Virginia and significant portions of Virginia by the end of 2020.
"The temporary administrative stay already has compromised that schedule," Sibley wrote. "Even if the underlying motion is denied, planned work will be delayed until the end of March 2021."
Sibley wrote that Equitrans now expects significantly increased project costs with a targeted in-service date no sooner than July 1, 2021, and as late as Dec. 31, 2021.
Sibley wrote that a temporary administrative stay already delayed the project's completion, which equated to unrecoverable and irreparable harm in the amount of $60 million.
"A full stay will add more delay and at a minimum, Mountain Valley will continue to incur an extra $20 million per month to maintain temporary erosion control devices during the period of any stay and while it pursues any alternatives," Sibley wrote.
Sierra Club, the Center for Biological Diversity, West Virginia Rivers Coalition, West Virginia Highlands Conservancy, Indian Creek Watershed Association, Appalachian Voices and Chesapeake Climate Action Network filed a petition for review in the U.S. Court of Appeals for the Fourth Circuit regarding the permits in September.
In 2018, the court agreed with the environmental groups that because of a state regulation, the pipeline stream crossings had to be completed within 72 hours to limit the harm that could come to the environment. Since then, the state Department of Environmental Protection (DEP) made changes to its policy and removed that stipulation.
The original permits were verified on Jan. 23, 2018, until the appellate court vacated them on Oct. 2, 2018. The Federal Energy Regulatory Commission informed the U.S. Army Corps of Engineers on Sept. 8 that the U.S. Fish and Wildlife Service accepted a biological opinion, paving the way for the permits to be verified again.
The petition involving Norfolk states that the Huntington and Pittsburgh District offices of the Corps of Engineers affirmed the NWP on Sept. 25, allowing for the pipeline project to continue within West Virginia. After that, the Norfolk District also reinstated the pipeline's authorization, according to a letter sent Friday by the U.S. Army Corps of Engineers - Norfolk District to Robert Cooper with Mountain Valley Pipeline.
U.S. Court of Appeals for the Fourth Circuit case numbers: 20-2039, 20-2042