Dominion Energy goes to the court of last resort
From the Allegheny Blue Ridge Alliance, Update #264, February 20, 2020
The U.S. Supreme Court argument of the Cowpasture River Preservation Association v. Forest Service will take place on Monday, February 24 at 10 am. One-hour is scheduled for the case.
To review briefs that have been filed on the Cowpasture case, click here. The ABRA Update article on the Fourth Circuit Court of Appeals decision of December 2018 that is being appealed is available here.
The U.S. Forest Service and Atlantic Coast Pipeline, LLC are the appellants in the case. The respondents are seven ABRA members: Cowpasture River Preservation Association, Highlanders for Responsible Development, Shenandoah Valley Battlefields Association, Shenandoah Valley Network, Sierra Club, Virginia Wilderness Committee and Wild Virginia.
Those who plan to attend the argument should consult instructions on the Supreme Court website, here. Note that space in the courtroom is limited and there is no guarantee that all who wish to attend will be seated. Therefore, it is advised that attendees for the argument arrive very early. The Supreme Court is at 1 First St., SE, Washington, DC, located 0.3 miles from the Capital South Metro Station. The closest parking garage is at Union Station, located 0.5 miles from the Court.
Audio recordings of all oral arguments heard by the Supreme Court are posted online on Fridays of each argument week (February 28 for this case). To access the recordings, click here.
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Federal Court Rebuffs US Fish & Wildlife Service (FWS) Over Classification of Northern Long-Eared Bat
From the Allegheny Blue Ridge Alliance, Update #264, February 20, 2020
The 2015 listing of the northern long-eared bat as “threatened” rather than “endangered” by the U.S. Fish and Wildlife Service (FWS) has been rejected by U.S. District Court for the District of Columbia. The January 28 decision by the Court, came as the result of a legal challenge by the Center for Biological Diversity, threatened despite the fact that it has declined in its core range by over 90% since 2006, when Defenders of Wildlife, Sierra Club, Coal River Mountain Watch and Ohio Valley Environmental Coalition.
The bat, whose habitat includes the central Appalachian Mountains, was listed as the fungal disease known as white-nose syndrome began killing hibernating bats by the millions.
In rejecting the agency’s decision, the judge found that FWS had failed to explain why the species was not endangered after suffering catastrophic declines as a result of white-nose syndrome. The judge also found FWS failed to consider the cumulative effects of habitat destruction against that grim backdrop.
The decision could impact future infrastructure developments in the habitat region of the bat. It is not yet known whether the FWS will appeal the decision. For more, click here.
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