Court Refuses to Rehear Pipeline Case

The United States Court of Appeals for the Fourth Circuit has refused to rehear the case which disapproved of authorizations the Atlantic Coast Pipeline had received to cross the Appalachian Trail and the Monongahela and George Washington National Forests.

There are fifteen judges on the Court.  Typically only three hear each case.  When a litigant is dissatisfied with the ruling of the three, it may ask that all fifteen consider the case.

That is what happened here.  In December, 2018, the Atlantic Coast Pipeline lost before the three judge panel.  It asked that the entire Court hear the case; the Court said no.

This is not a big deal.  Rehearing is routinely asked for and pretty routinely denied.

The much bigger deal is that the three judge panel decided as it did.  For details of that decision, see the January, 2019, issue of The Highlands Voice.