Injunction Denied in James River Court Case

October 23, 2017 by Grant Stevens

photo by: James River Association

On Friday, we received disappointing news for the James River.

In August of this year the National Trust joined with Preservation Virginia to file a lawsuit against the U.S. Army Corps of Engineers after the agency granted Dominion Virginia Power a permit to construct a massive transmission line across the James River at Jamestown. The permit was granted without preparing a full Environmental Impact Statement (EIS) to thoroughly review less harmful alternatives. The National Trust asked the court to revoke the permit and to issue an injunction to stop construction while the case is pending.

The U.S. District Court for the District of Columbia has denied our injunction request. This allows construction on the tower foundations to begin while the case is pending. The Court specifically invited the parties to re-apply for an injunction if construction moves beyond the foundations before a final decision is reached.

Sharee Williamson—associate general counsel at the National Trust—said, “The court’s decision not to halt construction is a setback in our efforts to protect the James River and its nationally significant history, but the court’s ruling leaves us optimistic about our chances for ultimate success. While construction may proceed for now, our efforts to protect this important place will continue.”

We will keep sharing new information as the lawsuit progresses.

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