Court affirms agency’s authority, but sends decision back for more information
CHAPEL HILL, N.C.—The U.S. Court of Appeals for the Fourth Circuit decided that the North Carolina Department of Environmental Quality complied with the Clean Water Act and state water quality laws in denying water quality certification to Mountain Valley Pipeline, LLC for construction of its Southgate Project natural gas pipeline. The court did, however, vacate the decision and send it back to DEQ so that the agency can provide more explanation for its denial. The Southern Environmental Law Center joined the lawsuit on behalf of Haw River Assembly to defend DEQ’s decision.