The motion was brought before Irons by Greenbrier River Watershed Association, Indian Creek Watershed Association, property owner Ashby Berkley, and Ty and Susan Bouldin. Among concerns over due process, the petitioners have argued that the West Virginia Department of Environmental Protection (DEP) permit for the crossing is not in compliance with the Natural Streams Preservation Act.
Attorneys for both sides presented their arguments before Irons, beginning with Attorney Kevin Thompson, arguing for the petitioners, who stated that the stay was necessary because if not granted, the petitioners’ appeal would be worthless since the pipeline construction would be quickly completed and their concerns would not receive their due process.
Attorney Robert McLusky, who represented pipeline interests, argued that a delay in construction would push back the Greenbrier River crossing until next summer. He was supported by an attorney with DEP, who asked the judge to allow the construction to proceed.
Irons countered McLusky’s argument that a stay would automatically lead to a lengthy delay in the construction process, stating, “I have heard that before on cases…