Atlantic Coast Pipeline request for en banc rehearing denied

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The U.S. Court of Appeals for the Fourth Circuit has denied the Atlantic Coast Pipeline’s request for an en banc rehearing related to the court’s invalidation of the project’s U.S. Forest Service Appalachian Trail crossing authorization.

The en banc petition sought a hearing before all of the judges in that circuit, and it was supported by the Department of Justice on behalf of the U.S. Forest Service, as well as by several prominent industry, labor, and business groups, according to Dominion Energy, which owns a 48 percent stake in the Atlantic Coast Pipeline.

Dominion Energy said it expects an appeal to be filed to the Supreme Court of the United States in the next 90 days.  The company is also pursuing legislative and administrative options.  Dominion said it is confident that the U.S. Departments of Interior and Agriculture has the authority to resolve the Appalachian Trail crossing issue administratively in a manner that satisfies the court’s stated objection and in a timeframe consistent with a restart of at least partial construction during the third quarter.

Dominion said it remains confident in the completion of the Atlantic Coast Pipeline along the entire 600-mile route.

The pipeline’s proposed route will cross West Virginia, Virginia and North Carolina, providing natural gas to the Mid-Atlantic region.

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