Motion for stay on MVP hearing to be held in Hinton September, 18
A court hearing before Judge Robert A. Irons for a stay on MVP construction to cross the Greenbrier at Pence Springs on Tuesday, September 18, 2018, at 10:00 am. The hearing will be held at the Summers County Courthouse in Hinton, in Judge Irons’ courtroom.
Some may remember Judge Irons as the judge who, in March of this year, denied MVP an injunction against the tree sitters due to inconsistencies and inaccuracies of their right of way map, stating “”The devil is like so much of things in life, the devil is in the details.”
The motion for stay is related to a pending appeal of WVDEP having issued a Natural Streams Preservation Act permit for MVP to cross the Greenbrier River, and to tree felling which began Friday on Ashby Berkley’s property and also a variance request filed last week for an additional ATW on an adjacent property. This is the site of MVP’s crossing of the Greenbrier River in Summers County.
Attorneys for the appellants have filed a motion for a stay on construction on the Greenbrier River pending resolution of an appeal challenging the denial by the WV Environmental Quality Board of a petition that the permit granted by WVDEP to cross the Greenbrier River did not meet the requirements of the Natural Streams Preservation Act. The Greenbrier River is the longest free flowing river on the East Coast. The NSP designation acknowledges the stretch of the River that MVP proposes to cross as valuable to the citizens of the state as a natural resource supporting recreation and tourism.
Appellants are Greenbrier River Watershed Association, lead appellant, and Ashby Berkley, Indian Creek Watershed Association, and Ty and Susan Bouldin. The motion for stay was filed yesterday in the Circuit Court of Summers County.