A challenge by environmental groups to findings that the Mountain Valley Pipeline wouldn’t jeopardize protected species is no more than a disagreement with expert opinion, the federal government told the Fourth Circuit.
This type of disagreement can’t support setting aside the federal government’s findings under the Administrative Procedure Act, so the groups’ petition for review should be denied, according to the brief filed in the U.S. Court of Appeals for the Fourth Circuit.
The U.S. Fish and Wildlife Service says it used the best available data, considered input from experts outside the federal government, and followed the court’s guidance when ...