Sierra Club v. State Water Control Board, No. 17-2406 (4th Cir. 2018)Annotate this Case
The Fourth Circuit denied a petition for review of Virginia's certification under Section 401 of the Clean Water Act that it had reasonable assurance that certain activities regarding the construction of a natural gas pipeline would not degrade the state's water. As a preliminary matter, the court held that petitioners had standing to assert the claims contained in their petition for review. On the merits, the court held that the state agencies did not act arbitrarily and capriciously in issuing the December 401 Certification. The court held that the DEQ had a sufficient basis to find reasonable assurance that the types of measures, restrictions, and programs in place to prevent excess sediment from entering state waters would be effective to satisfy the requirements of Virginia's antidegradation policy. The court also held that the state agencies' segmented approach to the certification, even if unorthodox, was not arbitrary and capricious.