Sierra Club, Inc. v. U.S. Forest Service, No. 17-2399 (4th Cir. 2018)

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This opinion or order relates to an opinion or order originally issued on July 27, 2018.

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FILED: October 10, 2018 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ___________________ No. 17-2399 (L) ___________________ SIERRA CLUB, INC.; APPALACHIAN VOICES; WILD VIRGINIA, INC. Petitioners v. UNITED STATES FOREST SERVICE; UNITED STATES DEPARTMENT OF AGRICULTURE Respondents MOUNTAIN VALLEY PIPELINE, LLC Intervenor -----------------------------CHEROKEE FOREST VOICES; THE CLINCH COALITION; GEORGIA FORESTWATCH; MOUNTAINTRUE Amici Supporting Petitioner ___________________ No. 18-1012 ___________________ THE WILDERNESS SOCIETY; PRESERVE CRAIG, INC.; SAVE MONROE, INC. Petitioners v. UNITED STATES FOREST SERVICE; UNITED STATES DEPARTMENT OF AGRICULTURE Respondents MOUNTAIN VALLEY PIPELINE, LLC Intervenor ___________________ No. 18-1019 ___________________ SIERRA CLUB, INC.; APPALACHIAN VOICES; WILD VIRGINIA, INC. Petitioners v. UNITED STATES DEPARTMENT OF THE INTERIOR; UNITED STATES BUREAU OF LAND MANAGEMENT; UNITED STATES FOREST SERVICE; UNITED STATES DEPARTMENT OF AGRICULTURE Respondents MOUNTAIN VALLEY PIPELINE, LLC Intervenor ------------------------------ CHEROKEE FOREST VOICES; THE CLINCH COALITION; GEORGIA FORESTWATCH; MOUNTAINTRUE Amici Supporting Petitioner ___________________ No. 18-1036 ___________________ THE WILDERNESS SOCIETY; PRESERVE CRAIG, INC.; SAVE MONROE, INC. Petitioners v. UNITED STATES DEPARTMENT OF THE INTERIOR; UNITED STATES BUREAU OF LAND MANAGEMENT; UNITED STATES FOREST SERVICE; UNITED STATES DEPARTMENT OF AGRICULTURE Respondents MOUNTAIN VALLEY PIPELINE, LLC Intervenor ___________________ ORDER ___________________ Intervenor Mountain Valley Pipeline (“MVP”) has filed a petition for rehearing in this case. Pursuant to Fed. R. App. Proc. 40(a)(4)(A) and (C), we grant rehearing for the limited purpose of clarifying that our prior opinion in Sierra Club v. United States Forest Service, 897 F.3d 582 (4th Cir. 2018), does not vacate the portion of the Bureau of Land Management’s Record of Decision authorizing a right of way and temporary use permits for MVP to cross the Weston and Gauley Bridge Turnpike Trail. The opinion otherwise remains in effect, and reargument is not necessary. Entered at the direction of Judge Thacker with the concurrence of Chief Judge Gregory and Senior Judge Traxler. For the Court /s/ Patricia S. Connor, Clerk