Sierra Club v. U.S. Dep't of the Interior
Court of Appeals for the Fourth Circuit
Vacated by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wynn and Judge Thacker joined.
1Opinion of the Court
GREGORY, Chief Judge:
These consolidated cases present two challenges to agency actions that provided necessary approvals for the Atlantic Coast Pipeline (ACP). The challenges were brought by Defenders of Wildlife, the Sierra Club, and the Virginia Wilderness Committee (collectively, "Petitioners"). For the reasons that follow, we conclude that both agency decisions are arbitrary and capricious.
The first petition, No. 18-1083, concerns the U.S. Fish and Wildlife Service (FWS). Pursuant to the Endangered Species Act, FWS issued an Incidental Take Statement (ITS) authorizing the pipeline to…
2Cases cited60 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
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