ELR Citation: 53 ELR 20053
No(s). 21-2425 (4th Cir. Mar 29, 2023)

The Fourth Circuit denied a petition to review the Virginia Department of Environmental Quality's (DEQ's) and the State Water Control Board's approval of a state water permit for a proposed pipeline that would transport natural gas from West Virginia to southern Virginia. Environmental groups argued the permit should be vacated because the agencies failed to evaluate whether alternative crossing locations would be environmentally preferable and practical, failed to independently verify whether each of the proposed water crossing methods was the least environmentally damaging practicable alternative (LEDPA), and failed to evaluate whether the pipeline would comply with Virginia's narrative water quality standard. The court found the groups failed to present evidence indicating that any crossing could be moved without altering the pipeline's siting elsewhere; that the record showed the agencies considered the pipeline's proposal, asked clarifying questions, and satisfied itself that the proposed crossings were the LEDPA; and that the record showed DEQ considered a variety of factors in determining that construction and operation would comply with the state's narrative water quality standard. It denied the groups' petition for review.