William & Mary Environmental Law and Policy Review
Abstract
This Note will provide an introduction and proscriptive application of two litigation strategies for future pipeline litigation by using the MVP [Mountain Valley Pipeline] as a case study: (1) environmental justice and (2) nature’s rights. To understand how these strategies differ from the present, Part I will first examine the primary way opponents sought to prevent construction in the case of the MVP: challenging agency findings. Then, Part II will provide context for the two proposed litigation strategies. Finally, Part III will describe possibilities for how these strategies might be employed to prevent the construction of future pipelines.
This Note aims to provide an outline for how opponents of pipeline construction and natural gas infrastructure may proceed in the wake of Congress’s willingness to rubber stamp required licenses. The goal of this Note is to provide alternatives in the face of what seems like a massive blow to activist efforts.
This abstract has been taken from the author's introduction.