Court Invalidates Incidental Take Statement, Halting Construction on Atlantic Coast Pipeline

May 16th, 2018
By Deborah

Tuesday, May 15, 2018, Richmond, VA — Today, the Fourth Circuit Court of Appeals vacated the Incidental Take permit for the Atlantic Coast Pipeline. The permit, granted by the U.S. Fish and Wildlife Service, authorizes construction efforts to take certain threatened and endangered species. The permit  is required to construct the fracked gas pipeline, and with it being vacated, the project must be halted.

The court ruled that the limits set by the US Fish and Wildlife Service are “so indeterminate that they undermine the Incidental Take Statement’s enforcement monitoring function under the Endangered Species Act.”

The case was brought by the Sierra Club, Defenders of Wildlife, and Virginia Wilderness Committee and argued by Southern Environmental Law Center.

In response, Sierra Club Attorney Nathan Matthews released the following statement:

“The Sierra Club applauds the court for recognizing that the Fish and Wildlife Service, like other agencies involved in permitting the Atlantic Coast Pipeline, failed to impose meaningful limits or adequately scrutinize the project. This fracked gas project has been proven to be perilous to our health, our communities, and wildlife, and now, thanks to tonight’s ruling, must be stopped.”


About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3 million members and supporters nationwide. In addition to creating opportunities for people of all ages, levels and locations to have meaningful outdoor experiences, the Sierra Club works to safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and litigation. For more information, visit

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