PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1384

APPALACHIAN VOICES; WILD VIRGINIA; WEST VIRGINIA RIVERS COALITION; PRESERVE GILES COUNTY; PRESERVE BENT MOUNTAIN, a chapter of Blue Ridge Environmental Defense League; WEST VIRGINIA HIGHLANDS CONSERVANCY; INDIAN CREEK WATERSHED ASSOCIATION; SIERRA CLUB; CHESAPEAKE CLIMATE ACTION NETWORK; CENTER FOR BIOLOGICAL DIVERSITY,

Petitioners,

v.

UNITED STATES DEPARTMENT OF THE INTERIOR; DEB HAALAND, in her official capacity as Secretary of the U.S. Department of the Interior; UNITED STATES FISH AND WILDLIFE SERVICE, an agency of the U.S. Department of Interior; CINDY SCHULZ, in her official capacity as Field Supervisor, Virginia Ecological Services, Responsible Official; MARTHA WILLIAMS, in her official capacity as Director of the U.S. Fish and Wildlife Service,

Respondents,

MOUNTAIN VALLEY PIPELINE, LLC,

Intervenor.

On Petition for Review of an Order of the Department of the Interior (CP16-10-000).

No. 23-1592

THE WILDERNESS SOCIETY,

Petitioner, USCA4 Appeal: 23-1594 Doc: 63 Filed: 08/11/2023 Pg: 2 of 28

v.

UNITED STATES FOREST SERVICE; HOMER L. WILKES, in his official capacity as Under Secretary for Natural Resources and Environment; U.S. DEPARTMENT OF AGRICULTURE; KENDERICK ARNEY, in his official capacity as Regional Forester of the Southern Region,

Respondents,

and

MOUNTAIN VALLEY PIPELINE, LLC,

Intervenor.

-------------------------------------------------------------

ROBERT C. SCOTT; GERALD E. CONNOLLY; DONALD S. BEYER, JR.; JENNIFER WEXTON; JENNIFER L. MCCLELLAN; WILLIAM D. ARAIZA; ERWIN CHEMERINSKY; CAPRICE ROBERTS, HOWARD M. WASSERMAN,

Amici Supporting Petitioner.

On Petition for Review of an Order of the Department of Agriculture.

No. 23-1594

THE WILDERNESS SOCIETY,

Petitioner,

v.

BUREAU OF LAND MANAGEMENT; DEB HAALAND, in her official capacity as Secretary of the Interior; MITCHELL LEVERETTE, in his official capacity as State Director, Bureau of Land Management, Eastern States,

Respondents,

2 USCA4 Appeal: 23-1594 Doc: 63 Filed: 08/11/2023 Pg: 3 of 28

and

MOUNTAIN VALLEY PIPELINE, LLC,

Intervenor.

-------------------------------------------------------------

ROBERT C. SCOTT; GERALD E. CONNOLLY; DONALD S. BEYER, JR.; JENNIFER WEXTON; JENNIFER L. MCCLELLAN; WILLIAM D. ARAIZA; ERWIN CHEMERINSKY; CAPRICE ROBERTS; HOWARD M WASSERMAN,

Amici Supporting Petitioner.

On Petition for Review of an Order of the Department of the Interior. (VAES-058143-04)

Argued: July 27, 2023 Decided: August 11, 2023

Before GREGORY, WYNN, and THACKER, Circuit Judges.

Motions to dismiss granted. Judge Wynn wrote the opinion, in which Judge Gregory and Judge Thacker joined. Judge Gregory wrote a separate opinion concurring in the judgment. Judge Thacker wrote a separate opinion concurring.

Kevin William McArdle, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents. Kimberley Hunter, SOUTHERN ENVIRONMENTAL LAW C

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