Green Guide

Quoting "The Lorax," court tosses permit for pipeline to cross Appalachian Trail

A federal appeals court has invalidated a permit for the Atlantic Coast Pipeline to cross two national forests, including parts of the Appalachian Trail.
Posted 2018-12-13T18:22:13+00:00 - Updated 2018-12-15T13:27:18+00:00
The 600-mile Atlantic Coast Pipeline, which will run from West Virginia to North Carolina and cost $5 billion to build, is designed to meet the growing need for natural gas in eastern North Carolina.

A federal appeals court has invalidated a permit for the Atlantic Coast Pipeline to cross two national forests, including parts of the Appalachian Trail.

A three-judge panel of the 4th U.S. Circuit Court of Appeals found Thursday that the U.S. Forest Service "abdicated its responsibility to preserve national forest resources" when it approved the pipeline crossing the George Washington and Monongahela National Forests, and a right of way across the Appalachian Trail.

The ruling quoted "The Lorax" by Dr. Seuss, saying the Forest Service is trusted to "speak for the trees, for the trees have no tongues."

"The court’s decision is at odds with the consensus of the U.S. Department of Interior, U.S. Department of Agriculture, National Park Service and U.S. Forest Service," Aaron Ruby, a spokesman for Dominion Energy and the developers of the pipeline, said in a statement. "If allowed to stand, this decision will severely harm consumers and do great damage to our economy and energy security. Public utilities are depending on this infrastructure to meet the basic energy needs of millions of people and businesses in our region."

Ruby said the pipeline developers, which includes Duke Energy, has appealed the ruling to the full 4th Circuit.

The natural gas pipeline would run through parts of West Virginia, Virginia and North Carolina.

North Carolina lawmakers are investigating the actions of Gov. Roy Cooper's administration regarding the pipeline.

On the same day state regulators approved a key environmental permit for the pipeline, Cooper announced a $58 million fund the developers were providing for economic development and to mitigate any environmental damage. Lawmakers expressed concern about how the fund was set up, and they redirected the funds to school districts in the counties along the pipeline's path.

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