Legal Opinion

Sierra Club v. U.S. Army Corps of Engineers

Court of Appeals for the Fourth Circuit

Decided November 27, 2018No. 18-1173; 18-1757PublishedCited by 30 opinions

1Opinion of the Court

WYNN, Circuit Judge:

The Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices, and Chesapeake Climate Action Network ("Petitioners") ask this Court to set aside Respondent U.S. Army Corps of Engineers' (the "Corps") December 22, 2017, verification ("Verification") and July 3, 2018, reinstated verification ("Reinstatement") that construction of the Mountain Valley Pipeline (the "Pipeline") can proceed under the terms and conditions of Clean Water Act Nationwide Permit 12 ("NWP 12"), rather than an individual permit. For the reasons that follow, we…

2Cases cited27 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. United States v. Mead Corp.Supreme Court of the United States · 2001
  4. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  5. Christensen v. Harris CountySupreme Court of the United States · 2000

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3Cited by30 opinions

  1. Hardy v. Lewis Gale Medical Center, LLCDistrict Court, W.D. Virginia · 2019
  2. Carlton & Harris Chiropractic v. PDR Network, LLCCourt of Appeals for the Fourth Circuit · 2020
  3. Gun Owners of America, Inc. v. Merrick B. GarlandCourt of Appeals for the Sixth Circuit · 2021
  4. Gun Owners of Am. v. BarrDistrict Court, W.D. Michigan · 2019
  5. Sierra Club v. U. S. Army Corps of EngineersCourt of Appeals for the Fourth Circuit · 2020

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