APPALACHIAN VOICES; SIERRA CLUB v. UNITED STATES ARMY CORPS OF ENGINEERS, et al, TENNESSEE GAS PIPELINE COMPANY - Articles

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APPALACHIAN VOICES; SIERRA CLUB v. UNITED STATES ARMY CORPS OF ENGINEERS, et al, TENNESSEE GAS PIPELINE COMPANY

Posted by: Azya Thornton on Apr 4, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Derek O. Teaney, APPALACHIAN MOUNTAIN ADVOCATES, Lewisburg, West Virginia, for Petitioners.

Attorneys 2: ARGUED: Rebecca Jaffe, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Attorneys 3: ARGUED: David A. Super, BRACEWELL LLP, Washington, D.C., for Intervenor.

Attorneys 4: ON BRIEF: Derek O. Teaney, APPALACHIAN MOUNTAIN ADVOCATES, Lewisburg, West Virginia, James S. Whitlock, SOUTHERN ENVIRONMENTAL LAW CENTER, Asheville, North Carolina, O.W. “Trey” Bussey, SOUTHERN ENVIRONMENTAL LAW CENTER, Nashville, Tennessee, for Petitioners.

Attorneys 5: ON BRIEF: Rebecca Jaffe, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Attorneys 6: ON BRIEF: David A. Super, Ann D. Navaro, Kevin A. Ewing, BRACEWELL LLP, Washington, D.C., Scott Burnett Smith, BRADLEY ARANT BOULT CUMMINGS LLP, Huntsville, Alabama, for Intervenor. David D. Ayliffe, TENNESSEE VALLEY AUTHORITY, Knoxville, Tennessee, for Amicus Curiae.

Judge(s): MOORE, CLAY, and THAPAR, Circuit Judges

Court Appealed: On Petition for Review of a Department of Army Permit

CLAY, Circuit Judge. Appalachian Voices and Sierra Club (collectively “Petitioners”) petition for review of Respondent United States Army Corps of Engineers’ (the “Corps”) decision to issue a permit to Intervenor-Respondent Tennessee Gas Pipeline Company, L.L.C. (“TGP”) pursuant to § 404 of the Clean Water Act (“CWA”), 33 U.S.C. § 1344, for TGP’s proposed Cumberland Pipeline (the “Pipeline”). Petitioners, environmental groups with members who live nearby or utilize areas within the Pipeline’s proposed path, seek to vacate the § 404 permit, arguing that the Corps violated the Administrative Procedure Act (“APA”), 5 U.S.C. § 551 et seq., in approving TGP’s permit application. For the reasons set forth below, we DENY the petition for review.

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