Sierra Club v. North Carolina Department of Environmental Quality
| SIERRA CLUB, APPALACHIAN VOICES and 7 DIRECTIONS OF SERVICE |
| NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY, D. REID WILSON, in his official capacity as Secretary of the North Carolina Department of Environmental Quality and RICHARD E. ROGERS, JR., in his official capacity as the Director of the Division of Water Resources of the North Carolina Department of Environmental Quality |
| MOUNTAIN VALLEY PIPELINE, LLC, DUKE ENERGY CAROLINAS, LLC and DUKE ENERGY PROGRESS, LLC |
| 26-1044 |
| January 13, 2026 |
| U.S. Court of Appeals, Fourth Circuit |
| Other |
Opinions
We have the following opinions for this case:
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Docket Report
This docket was last retrieved on June 22, 2026. A more recent docket listing may be available from PACER.
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Filing 65
FRAP 30(c) PAGE-PROOF INTERVENOR BRIEF by Intervenors Mountain Valley Pipeline, LLC, Duke Energy Carolinas, LLC and Duke Energy Progress, LLC. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1002001251] [26-1044] Jeremy Marwell [Entered: 06/22/2026 11:00 PM]
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Filing 64
FRAP 30(c) PAGE-PROOF RESPONSE BRIEF by Respondents North Carolina Department of Environmental Quality, Richard E. Rogers, Jr. and D. Reid Wilson. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001997065] [26-1044] Alexandra Farrell [Entered: 06/15/2026 12:20 PM]
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Filing 63
Docket correction requested from North Carolina Department of Environmental Quality, Richard E. Rogers, Jr. and D. Reid Wilson. Re: [ # 62 ] brief. Access to brief has been restricted to case participants. [1001997001] [26-1044] RP [Entered: 06/15/2026 11:43 AM]
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Filing 62
(ENTRY RESTRICTED) BRIEF by North Carolina Department of Environmental Quality, Richard E. Rogers, Jr. and D. Reid Wilson. Type of Brief: RESPONSE.. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001996957] [26-1044]--[Edited 06/15/2026 by RP - corrected at ECF #64] Alexandra Farrell [Entered: 06/15/2026 11:20 AM]
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Filing 61
PUBLISHED AUTHORED OPINION filed. Motion disposition in opinion denying Motion for stay pending appeal [ # 38 ]. Originating case number: 20181638v4. [1001995191] [26-1044] RP [Entered: 06/11/2026 09:48 AM]
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Filing 60
ORDER filed granting Motion to file addendum/attachment [ # 58 ]. Copies to all parties. [1001973072] [26-1044] RP [Entered: 05/05/2026 09:48 AM]
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Filing 59
Addendum/attachment to [ # 58 ] Motion to file addendum/attachment, [ # 57 ] page-proof opening brief by 7 Directions of Service, Appalachian Voices and Sierra Club. Method of filing paper copies:. Date copies mailed, dispatched, or delivered: [1001972912] [26-1044] Blakely Hildebrand [Entered: 05/04/2026 05:58 PM]
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Filing 58
MOTION by 7 Directions of Service, Appalachian Voices and Sierra Club file addendum/attachment to Petitioners' Page-Proof Opening Brief.. Date and method of service: 05/04/2026 ecf. [1001972911] [26-1044] Blakely Hildebrand [Entered: 05/04/2026 05:54 PM]
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Filing 57
FRAP 30(c) PAGE-PROOF OPENING BRIEF by Petitioners 7 Directions of Service, Appalachian Voices and Sierra Club. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001972904] Page-Proof Opening Brief due: 05/04/2026 [26-1044] Blakely Hildebrand [Entered: 05/04/2026 05:30 PM]
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Filing 56
COURT ORDER filed denying motion for stay pending appeal and lifting the temporary administrative stay [ # 38 ]. Copies to all parties. [1001970114] [26-1044] TW [Entered: 04/29/2026 04:52 PM]
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Filing 55
ORAL ARGUMENT (Video Conference) ON MOTION HEARD before RLG, JAW and SDT. Attorneys arguing case: Mr. Jeremy C. Marwell, Mr. Derek Owen Teaney, Taylor Hampton Crabtree. Courtroom Deputy: J. Quella. [1001969046] [26-1044]. [1001969046] JQ [Entered: 04/28/2026 03:42 PM]
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Filing 54
COURT ORDER filed granting Motion to accelerate case processing [ # 53 ]; granting Motion to extend filing time [ # 52 ] for briefing deadlines as outlined in the order. Number of days granted: 14, Copies to all parties. [1001963041] [26-1044] RP [Entered: 04/20/2026 10:12 AM]
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Filing 53
Joint MOTION by 7 Directions of Service, Appalachian Voices, Sierra Club, Duke Energy Carolinas, LLC, Duke Energy Progress, LLC, Mountain Valley Pipeline, LLC and North Carolina Department of Environmental Quality, Richard E. Rogers, Jr. and D. Reid Wilson to accelerate case processing.. Date and method of service: 04/13/2026 ecf. [1001959894] [26-1044] Blakely Hildebrand [Entered: 04/13/2026 05:40 PM]
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Filing 52
MOTION by 7 Directions of Service, Appalachian Voices and Sierra Club to extend filing time for all merits briefing until May 4 (Petitioners' opening brief), June 15 (Respondents' response brief), June 22 (Respondent-Intervenors' brief), July 13 (Petitioners' reply brief), July 21 (Joint Appendix), July 28 (all final form briefs).. Date and method of service: 04/13/2026 ecf. [1001959892] [26-1044] Blakely Hildebrand [Entered: 04/13/2026 05:37 PM]
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Filing 51
ORAL ARGUMENT ACKNOWLEDGMENT by Mountain Valley Pipeline, LLC. Counsel arguing: Taylor Crabtree. Answering argument time: 12 minutes. Second counsel arguing: Jeremy C. Marwell. Answering argument time: 8 minutes. .. [1001954812] [26-1044] Jeremy Marwell [Entered: 04/03/2026 10:14 AM]
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Filing 50
ORAL ARGUMENT ACKNOWLEDGMENT by D. Reid Wilson, Richard E. Rogers, Jr. and North Carolina Department of Environmental Quality. Counsel arguing: Taylor Crabtree. Answering argument time: 12 minutes. Second counsel arguing: Jeremy Marwell. Answering argument time: 8 minutes. .. [1001954395] [26-1044] Taylor Crabtree [Entered: 04/02/2026 02:01 PM]
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Filing 49
ORAL ARGUMENT ACKNOWLEDGMENT by 7 Directions of Service, Appalachian Voices and Sierra Club. Counsel arguing: Derek O. Teaney. Opening argument time: 15 minutes. Rebuttal argument time: 5 minutes. .. [1001954052] [26-1044] Derek Teaney [Entered: 04/02/2026 08:15 AM]
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Filing 48
CASE CALENDARED for oral argument. Date: 04/28/2026. Session Starting Time: 2:00 p.m. Check-in Time: at least one hour before the first scheduled argument of the day. Forms due within 4 calendar days. [1001952199] [26-1044] NS [Entered: 03/30/2026 04:33 PM]
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Filing 47
COURT ORDER filed granting temporary administrative stay and scheduling virtual oral argument on the motion for stay pending appeal on April 28, 2026, at 2 p.m. Copies to all parties. [1001952188] [26-1044] RP [Entered: 03/30/2026 04:29 PM]
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Filing 46
Letter re: [ # 38 ] Motion for stay pending appeal by Mountain Valley Pipeline, LLC . [1001950605] [26-1044] Jeremy Marwell [Entered: 03/27/2026 09:45 AM]
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Filing 45
REPLY by 7 Directions of Service, Appalachian Voices and Sierra Club to response [ # 43 ], response [ # 44 ], Motion [ # 38 ].. [1001946686] [26-1044] Blakely Hildebrand [Entered: 03/19/2026 08:21 PM]
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Filing 44
RESPONSE/ANSWER by Mountain Valley Pipeline, LLC, Duke Energy Carolinas, LLC and Duke Energy Progress, LLC to Motion [ # 38 ]. Nature of response: in opposition. [1001944244] [26-1044] Jeremy Marwell [Entered: 03/16/2026 10:42 PM]
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Filing 43
RESPONSE/ANSWER by D. Reid Wilson, North Carolina Department of Environmental Quality and Richard E. Rogers, Jr. to Motion [ # 38 ]. Nature of response: in opposition. [1001944062] [26-1044]--[Edited 03/16/2026 by RP - document replaced to correct case number] Taylor Crabtree [Entered: 03/16/2026 03:29 PM]
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Filing 42
CERTIFIED LIST in lieu of agency record by North Carolina Department of Environmental Quality, Richard E. Rogers, Jr. and D. Reid Wilson. [1001940182] [26-1044] Taylor Crabtree [Entered: 03/09/2026 03:11 PM]
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Filing 41
ORDER filed rescinding notice requesting response issued 03/06/2026. Copies to all parties. [1001939567] [26-1044] RP [Entered: 03/06/2026 04:33 PM]
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Filing 40
NOTICE ISSUED to Duke Energy Carolinas, LLC, Duke Energy Progress, LLC, Mountain Valley Pipeline, LLC and North Carolina Department of Environmental Quality, Richard E. Rogers, Jr. and D. Reid Wilson requesting response to Motion for stay pending appeal [ # 38 ]. Response due: 03/11/2026[1001939553]. [26-1044] RP [Entered: 03/06/2026 04:20 PM]
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Filing 39
Joint MOTION by 7 Directions of Service, Appalachian Voices, Sierra Club, Duke Energy Carolinas, LLC, Duke Energy Progress, LLC, Mountain Valley Pipeline, LLC and North Carolina Department of Environmental Quality, Richard E. Rogers, Jr. and D. Reid Wilson to establish briefing schedule and amend word limits... Date and method of service: 03/06/2026 ecf. [1001939551] [26-1044] Taylor Crabtree [Entered: 03/06/2026 04:20 PM]
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Filing 38
MOTION by 7 Directions of Service, Appalachian Voices and Sierra Club for stay pending appeal. Date of action to be stayed, if applicable:March 30, 2026.. Date and method of service: 03/06/2026 ecf. [1001939522] [26-1044] Blakely Hildebrand [Entered: 03/06/2026 03:59 PM]
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Filing 37
APPEARANCE OF COUNSEL by Kevin M. LeRoy for Duke Energy Carolinas, LLC and Duke Energy Progress, LLC. [1001931229] [26-1044] Kevin LeRoy [Entered: 02/20/2026 02:26 PM]
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Filing 36
APPEARANCE OF COUNSEL by Melinda L. McGrath for Duke Energy Carolinas, LLC and Duke Energy Progress, LLC. [1001931198] [26-1044] Melinda McGrath [Entered: 02/20/2026 02:01 PM]
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Filing 35
APPEARANCE OF COUNSEL by Anais M. Jaccard for Duke Energy Progress, LLC and Duke Energy Carolinas, LLC. [1001931131] [26-1044] Anais Jaccard [Entered: 02/20/2026 01:06 PM]
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Filing 34
DISCLOSURE STATEMENT by Duke Energy Progress, LLC. Was any question on Disclosure Form answered yes? Yes [1001931091] [26-1044] Misha Tseytlin [Entered: 02/20/2026 12:29 PM]
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Filing 33
DISCLOSURE STATEMENT by Duke Energy Carolinas, LLC. Was any question on Disclosure Form answered yes? Yes [1001931089] [26-1044] Misha Tseytlin [Entered: 02/20/2026 12:26 PM]
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Filing 32
APPEARANCE OF COUNSEL by Misha Tseytlin for Duke Energy Carolinas, LLC and Duke Energy Progress, LLC. [1001931085] [26-1044] Misha Tseytlin [Entered: 02/20/2026 12:23 PM]
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Filing 31
ORDER filed granting Motion to intervene [ # 29 ]. Appearance of counsel and disclosure statements due 02/23/2026. Copies to all parties. [1001929527] [26-1044] RP [Entered: 02/18/2026 03:57 PM]
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Filing 30
COURT ORDER filed granting Motion for other relief [ # 28 ]; granting Motion to file separate brief [ # 28 ]; granting Motion to exceed length limitations [ # 28 ]. Administrative record due 03/09/2026, Petitioners' Page-Proof Opening Brief due: 04/20/2026. Respondents' Page-Proof Response Brief due: 06/01/2026. Respondent-Intervenor's Page-Proof Response Brief due: 06/08/2026. Petitioners' Reply Brief due: 06/29/2026. Appendix under FRAP 30(c) due: 07/07/2026. All briefs in final form due: 07/14/2026. No paper copies required unless case has been tentatively calendared or copies otherwise ordered. Copies to all parties. [1001929491] [26-1044] RP [Entered: 02/18/2026 03:42 PM]
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Filing 29
MOTION by Duke Energy Carolinas, LLC and Duke Energy Progress, LLC to intervene. Date and method of service: 02/11/2026 ecf. [1001925771] [26-1044] Misha Tseytlin [Entered: 02/11/2026 03:29 PM]
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Filing 28
Joint MOTION by Richard E. Rogers, Jr., D. Reid Wilson and North Carolina Department of Environmental Quality to set a briefing schedule. , to file separate briefs [28] , to exceed length limitations for reply. Date and method of service: 02/11/2026 ecf. [1001925296] [26-1044] Taylor Crabtree [Entered: 02/11/2026 10:54 AM]
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Filing 27
NOTICE re: Reply in Support of Objection to Petitioners' Docketing Statement by Mountain Valley Pipeline, LLC. [1001924110] [26-1044] Jeremy Marwell [Entered: 02/09/2026 05:38 PM]
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Filing 26
APPEARANCE OF COUNSEL by Brenda Menard for North Carolina Department of Environmental Quality, Richard E. Rogers, Jr. and D. Reid Wilson. [1001920265] [26-1044] Brenda Menard [Entered: 02/03/2026 02:47 PM]
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Filing 25
APPEARANCE OF COUNSEL by Alexandra Farrell for North Carolina Department of Environmental Quality, Richard E. Rogers, Jr. and D. Reid Wilson. [1001920118] [26-1044] Alexandra Farrell [Entered: 02/03/2026 12:57 PM]
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Filing 24
APPEARANCE OF COUNSEL by Asher P. Spiller for North Carolina Department of Environmental Quality, Richard E. Rogers, Jr. and D. Reid Wilson. [1001919785] [26-1044] Asher Spiller [Entered: 02/03/2026 08:43 AM]
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Filing 23
NOTICE re: RESPONSE TO MOUNTAIN VALLEY PIPELINE LLC'S OBJECTION TO PETITIONERS' DOCKETING STATEMENT by Sierra Club, Appalachian Voices and 7 Directions of Service. [1001918860] [26-1044] Derek Teaney [Entered: 01/30/2026 10:45 PM]
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Filing 22
OBJECTION to DOCKETING STATEMENT by Mountain Valley Pipeline, LLC. [1001914952] [26-1044] Jeremy Marwell [Entered: 01/23/2026 05:27 PM]
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Filing 21
APPEARANCE OF COUNSEL by Alyson Merlin for 7 Directions of Service. [1001914739] [26-1044] Alyson Merlin [Entered: 01/23/2026 03:29 PM]
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Filing 20
DISCLOSURE STATEMENT by Sierra Club. Was any question on Disclosure Form answered yes? No [1001914336] [26-1044] Derek Teaney [Entered: 01/23/2026 10:42 AM]
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Filing 19
DISCLOSURE STATEMENT by Appalachian Voices. Was any question on Disclosure Form answered yes? No [1001914329] [26-1044] Derek Teaney [Entered: 01/23/2026 10:40 AM]
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Filing 18
APPEARANCE OF COUNSEL by Derek O. Teaney for Appalachian Voices and Sierra Club. [1001914327] [26-1044] Derek Teaney [Entered: 01/23/2026 10:38 AM]
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Filing 17
APPEARANCE OF COUNSEL by Garrett T. Meisman for Mountain Valley Pipeline, LLC. [1001913671] [26-1044] Garrett Meisman [Entered: 01/22/2026 12:08 PM]
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Filing 16
APPEARANCE OF COUNSEL by Jeremy C. Marwell for Mountain Valley Pipeline, LLC. [1001913666] [26-1044] Jeremy Marwell [Entered: 01/22/2026 12:07 PM]
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Filing 15
ORDER filed granting Motion to intervene by Mountain Valley Pipeline, LLC [ # 10 ]. Copies to all parties. [1001913593] [26-1044]--[Edited 01/22/2026 by RP - order replaced to clarify briefing] RP [Entered: 01/22/2026 11:31 AM]
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Filing 14
DISCLOSURE STATEMENT by Richard E. Rogers, Jr.. Was any question on Disclosure Form answered yes? No [1001913171] [26-1044] Taylor Crabtree [Entered: 01/22/2026 07:50 AM]
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Filing 13
DISCLOSURE STATEMENT by D. Reid Wilson. Was any question on Disclosure Form answered yes? No [1001913170] [26-1044] Taylor Crabtree [Entered: 01/22/2026 07:49 AM]
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Filing 12
DISCLOSURE STATEMENT by North Carolina Department of Environmental Quality. Was any question on Disclosure Form answered yes? No [1001913167] [26-1044] Taylor Crabtree [Entered: 01/22/2026 07:46 AM]
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Filing 11
DISCLOSURE STATEMENT by Mountain Valley Pipeline, LLC. Was any question on Disclosure Form answered yes? Yes [1001913030] [26-1044] Jeremy Marwell [Entered: 01/21/2026 04:26 PM]
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Filing 10
MOTION by Mountain Valley Pipeline, LLC to intervene. Date and method of service: 01/21/2026 ecf. [1001913001] [26-1044] Jeremy Marwell [Entered: 01/21/2026 04:13 PM]
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Filing 9
DOCKETING STATEMENT by 7 Directions of Service, Appalachian Voices and Sierra Club.. [1001912300] [26-1044] Blakely Hildebrand [Entered: 01/21/2026 10:01 AM]
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Filing 8
DISCLOSURE STATEMENT by 7 Directions of Service. Was any question on Disclosure Form answered yes? No [1001912291] [26-1044] Blakely Hildebrand [Entered: 01/21/2026 09:57 AM]
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Filing 7
APPEARANCE OF COUNSEL by Blakely E. Hildebrand for 7 Directions of Service. [1001912290] [26-1044] Blakely Hildebrand [Entered: 01/21/2026 09:56 AM]
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Filing 6
APPEARANCE OF COUNSEL by Taylor Crabtree for D. Reid Wilson, Richard E. Rogers, Jr. and North Carolina Department of Environmental Quality. [1001911780] [26-1044] Taylor Crabtree [Entered: 01/20/2026 02:09 PM]
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Filing 5
NOTICE ISSUED serving respondent and requesting record. Date petition for review or application filed: January 12, 2026. [ # 3 ] petition for review. Mailed to: Dan Hirschman and The Corporation Trust Company Registered Agent for Mountain Valley Pipeline, LLC Corporation Trust Center 1209 Orange St Wilmington, DE 19801. [1001908167] Administrative Record due 02/23/2026 [26-1044] RP [Entered: 01/13/2026 11:53 AM]
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Filing 4
DOCKETING NOTICE issued Re: [ # 3 ] petition for review Originating case number: 20181638v4. Mailed to: Dan Hirschman and The Corporation Trust Company Registered Agent for Mountain Valley Pipeline, LLC Corporation Trust Center 1209 Orange St Wilmington, DE 19801. [1001908163] [26-1044] RP [Entered: 01/13/2026 11:49 AM]
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Filing 1
Case docketed. Originating case number: 20181638v4. Case manager: RPhillips. [1001908160] [26-1044] RP [Entered: 01/13/2026 11:45 AM]
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Filing 3
Petition for review of agency order filed by 7 Directions of Service, Appalachian Voices and Sierra Club .[1001908162] [26-1044]--[Edited 01/13/2026 by RP - backdated to the date received] RP [Entered: 01/13/2026 11:48 AM]
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Filing 2
Electronic filing fee paid. Filing Fee: $600.00. Receipt Number: A04-78096-791. [1001908161] [26-1044] RP [Entered: 01/13/2026 11:47 AM]
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