PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-1039

WILD VIRGINIA; SIERRA CLUB; APPALACHIAN VOICES; WILDERNESS SOCIETY; PRESERVE CRAIG; SAVE MONROE; INDIAN CREEK WATERSHED ASSOCIATION,

Petitioners,

v.

UNITED STATES FOREST SERVICE, an agency of the U.S. Department of Agriculture; JIM HUBBARD, in his official capacity as Under Secretary for Natural Resources and Environment, United States Department of Agriculture; KEN ARNEY, in his official capacity as Regional Forester of the Southern Region,

Respondents,

MOUNTAIN VALLEY PIPELINE, LLC,

Intervenor.

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CHEROKEE FOREST VOICES; GEORGIA FORESTWATCH; MOUNTAINTRUE; THE CLINCH COALITION; VIRGINIA WILDERNESS COMMITTEE,

Amici Supporting Petitioner.

AMERICAN FOREST RESOURCE COUNCIL; BLACK HILLS FOREST RESOURCE ASSOCIATION; COLORADO TIMBER INDUSTRY ASSOCIATION; FEDERAL FOREST RESOURCE COALITION; INTERMOUNTAIN FOREST ASSOCIATION; MONTANA WOOD PRODUCTS ASSOCIATION,

Amici Supporting Respondent. USCA4 Appeal: 21-1039 Doc: 89 Filed: 01/25/2022 Pg: 2 of 29

On Petition for Review of an Order of the Department of Agriculture. (AGRI-1).

No. 21-1082

WILD VIRGINIA; SIERRA CLUB; APPALACHIAN VOICES; THE WILDERNESS SOCIETY; PRESERVE CRAIG; SAVE MONROE; INDIAN CREEK WATERSHED ASSOCIATION,

Petitioners,

v.

UNITED STATES BUREAU OF LAND MANAGEMENT, an agency of the U.S. Department of Interior; 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,

MOUNTAIN VALLEY PIPELINE, LLC,

Intervenor.

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

CHEROKEE FOREST VOICES; GEORGIA FORESTWATCH; MOUNTAINTRUE; THE CLINCH COALITION; VIRGINIA WILDERNESS COMMITTEE,

Amici Supporting Petitioner,

AMERICAN FOREST RESOURCE COUNCIL; BLACK HILLS FOREST RESOURCE ASSOCIATION; COLORADO TIMBER INDUSTRY ASSOCIATION; FEDERAL FOREST RESOURCE COALITION; INTERMOUNTAIN FOREST ASSOCIATION; MONTANA WOOD PRODUCTS ASSOCIATION,

Amici Supporting Respondent.

2 USCA4 Appeal: 21-1039 Doc: 89 Filed: 01/25/2022 Pg: 3 of 29

On Petition for Review of an Order of the Department of Interior. (DOI-1).

Argued: October 29, 2021 Decided: January 25, 2022

Before GREGORY, Chief Judge, and WYNN and THACKER, Circuit Judges.

Petitions granted in part and denied in part, vacated and remanded by published opinion. Judge Thacker wrote the opinion, in which Chief Judge Gregory and Judge Wynn joined.

ARGUED: Nathan Matthews, SIERRA CLUB, Oakland, California, for Petitioners. Brian C. Toth, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents. Donald B. Verrilli, Jr., MUNGER, TOLLES & OLSON LLP, Washington, D.C., for Intervenor. ON BRIEF: Ankit Jain, SIERRA CLUB, Washington, D.C.; Derek O. Teaney, Benjamin Luckett, APPALACHIAN MOUNTAIN ADVOCATES, I