Concluded Litigation Case

Mountain Valley Pipeline

United States Court of Appeals for the 4th Circuit
Mountain Valley Pipeline, LLC v. State Air Pollution Control Board
Case No.: 22-1000

Topic:

Natural Gas Pipelines

Steven Hayre
Winter trees and a flock of birds silhouetted against a pink sunset on the Bay.

Updated: 3/29/2022

The Mountain Valley Pipeline (“MVP”) project, originally proposed in 2014, is a 304-mile natural gas pipeline extending from southern Virginia to northwestern West Virginia that will cut across the Jefferson National Forest in Virginia and the Appalachian Trail in West Virginia. Construction and operation of the pipeline will have negative impacts to forests, waterways, wildlife, air quality, and communities along the path.

In September 2020 MVP submitted an application to construct and operate a natural gas compressor station to support an extension of the pipeline, known as the Lambert Compressor Station, in Chatham, VA. The compressor station would consist of two natural gas fired turbines within the Chesapeake Bay airshed that would emit fine particulate matter (PM2.5) and other pollutants as part of its operation in an environmental justice community. CBF and our partners submitted comments detailing the public health concerns from PM2.5 emissions and the health risks to specific affected communities. On December 3, 2021, the Virginia State Air Pollution Control Board denied MVP’s minor new source review permit for the compressor station finding that the proposed permit does not meet the definition of “fair treatment” as defined by the Virginia Environmental Justice Act and the environmental justice standards set forth by the court in Friends of Buckingham v. State Air Pollution Control Board.

MVP filed an appeal of the state air board’s decision with the U.S Court of Appeals for the Fourth Circuit. CBF, on behalf of its members, Elizabeth and Anderson Jones, whose family farmland lies near the proposed compressor station, filed a Motion to Intervene to defend the Air Board decision to deny the permit. Also, moving to intervene in the case are the Southern Environmental Law Center, on behalf of the Virginia State Conference NAACP. CBF’s Motion to Intervene was granted on February 2, 2022. Prior to briefing and arguments, MVP filed a Motion for Voluntary Dismissal on March 29, 2022. We continue to monitor the pipeline project for updates.

This matter was being handled by CBF’s Environmental Justice Staff Attorney Taylor Lilley and current Director of Litigation Ariel Solaski.

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    Ariel Solaski

    Director of Litigation

  • Litigation

    Taylor Lilley

    Environmental Justice Staff Attorney

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