Key Contacts
Fourth Circuit “Decline[s] to Hit Pause” on Pipeline Project Involving Trenching Through Streams and Wetlands
In an Order issued on May 18, 2026, the United States Court of Appeals for the Fourth Circuit denied a motion for a stay pending appeal filed by a coalition of environmental groups, who sought to halt the construction of a pipeline project in Virginia and North Carolina.
At issue in the case, Haw River Assembly, et al. v. U.S. Army Corps of Engineers, et al., No. 26-1470 (4th Cir.), was a permit issued by the United States Army Corps of Engineers to Transcontinental Gas Pipe Line Company, LLC (Transco) under Section 404 of the Clean Water Act. The permit was required because Transco’s project involves placing pipeline through streams and wetlands. The Army Corps issued the permit to Transco on February 19, 2026. Approximately two months later, the environmental groups submitted a petition for review under Section 19(d)(1) of the Natural Gas Act and subsequently filed a motion for a stay pending appeal.
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