Shutterstock has blocked construction

Gregory, in the Aug. 6 decision, said construction of the project cannot proceed without a valid and enforceable permit from FWS for the “incidental taking” of five threatened or endangered species in the pipeline's path.

Without valid permits from the two federal agencies, the ACP, “should it continue to proceed with construction,” would violate the terms of the project's approval from the Federal Energy Regulatory Commission, Gregory said.

Environmental organizations that brought the two cases covered by the opinion have called on the FERC to halt construction of the pipeline along its entire length through West Virginia, Virginia and North Carolina.