Dominion applied for a permit to construct and operate a natural gas compressor station in Buckingham County, VA for the Atlantic Coast Pipeline. The permit would allow the new source to emit greenhouse gases, nitrogen oxides, and other toxic pollutants into the atmosphere, harming air quality and public health in violation of the Virginia State Constitution. In addition, the community where the compressor station would be built is a historic African American community raising environmental justice issues. CBF submitted comments on the proposed permit and testified at the hearing before the Virginia Air Pollution Control Board on November 8, 2018. After allowing for additional public comments related to demographics and site suitability, the Board voted 4-0 to approve the air permit on January 8th. Issuance of the permit violates the state clean air law because the board improperly considered a state statute requiring the board to determine the suitability of the site for the compressor station given that is being placed in a minority community.

As a result, on February 8th, CBF and SELC (representing Friends of Buckingham) filed a Joint Petition for Review with the 4th Circuit Court of Appeals. Oral arguments were held on October 29, 2019. On January 7, 2020, the 4th Circuit issued a Published Opinion vacating the Permit and remanding the case back to the Virginia Air Pollution Control Board. The Court held that the Board did not perform its statutory duty to determine whether the facility is suitable for this site, in light of environmental justice and potential health risks for the people of Union Hill.

CBF was represented in these cases by the former Vice President for Litigation Jon Mueller, staff counsel in the Virginia office, and counsel for the Southern Environmental Law Center.