RICHMOND, Va. -- A coalition asked the Fourth Circuit Court of Appeals to order Mountain Valley Pipeline to stay out of West Virginia streams until a decision is made on their appeal from last week. The groups made the request today because MVP is ineligible to use the streamlined stream crossing permit offered to it by the United States Army Corps of Engineers.

According to a West Virginia Department of Environmental Protection condition, pipelines greater than 36" in diameter or that cross certain types of rivers must have an individual certification. Since DEP previously waived its right to issue an individual certification for the MVP, that project can not have such a certification and, therefore, the Army Corps of Engineers cannot allow MVP to use the streamlined Nationwide Permit 12 to trench through West Virginia streams. Without that streamlined permit, MVP must seek an individualized permit to build 591 stream crossings in West Virginia.