Atlantic Coast Pipeline sues Nelson County over zoning decision

This article discusses how the Atlantic Coast Pipeline is suing Nelson County over zoning decision to not issue a permit to build across flood plains.

Following the denial of permitting requests at the local level this month, Atlantic Coast Pipeline took an unprecedented step in an attempt to move the project forward, filing a lawsuit against a locality — Nelson County — for the first time in the years-long approval process.

Three days after Nelson’s Board of Zoning Appeals denied the company’s variance requests for floodplain crossings, ACP filed suit against Nelson County and its board of supervisors.

The lawsuit, filed in the United States District Court’s Western District of Virginia on Dec. 6, is seeking a judgment stating the Natural Gas Act “preempts” the requirements of Nelson’s floodplain ordinance, which would include “obtaining any zoning permits for any of the floodplain crossings.”

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