A Message from Dick Brooks, CRPA Board President, Regarding Supreme Court Decision
Dear CRPA Members,
The US Forest Service vs Cowpasture River Preservation Association, et al Supreme Court case was released yesterday, June 15. Sadly, but not unexpectedly, we lost in a 7 to 2 decision.
With this ruling, the court overturned the 4th Circuit Court of Appeals decision blocking the Atlantic Coast Pipeline from tunneling under the Appalachian Trail. The full decision is available here:
https://www.supremecourt.gov/opinions/19pdf/18-1584_igdj.pdf
This is not the outcome that we’d hoped for. The US Forest Service and ACP were able to make the argument that the 4th Circuit’s decision would negatively affect any future project planned on or under Park Service lands. These include not just our national parks but also many inner-city parks, roadways and even historical places. That was not our view.
Importantly, the ACP and its developers still need essential permits for all water-crossings, including the Cowpasture and its tributaries, endangered species biological opinion and incidental take, air pollution for the Buckingham compressor station, and special use/right of way for the Trail and the Skyline Drive. Later this year, the case for whether or not a need exists for the pipeline will be heard in the 5th Circuit. So, we’ve still got a dog in the fight, or in this case, many dogs.
You can read the the Southern Environmental Law Center’s press release here:
Sincerely,
Dick Brooks
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