Chancey Complaint

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF VIRGINIA

Roanoke Division
____________________________________
)
DOUG CHANCEY, )
MARIAN MOLLIN, and )
REBECCA SCHNEIDER )
)
Plaintiffs, )
)
v. ) 7:18CV199
Case No._____________
)
VICKI CHRISTIANSEN )
Acting Chief, U.S. Forest Service )
1400 Independence Ave., SW )
Washington, D.C. 20250 )
)
and )
)
JOBY L. TIMM )
Supervisor, George Washington and )
Jefferson National Forest )
5162 Valleypointe Parkway )
Roanoke, VA 24019 )
)
Defendants. )
____________________________________)
COMPLAINT FOR INJUNCTIVE RELIEF
COMES NOW the Petitioners, DOUG CHANCEY, MARIAN MOLLIN, and REBECCA
SCHNEIDER (collectively, the “Petitioners”) and file suit against Vicki Christiansen of the U.S.
National Forest Service and Joby L. Timm of the George Washington and Jefferson National Park
(collectively the “Defendants”), on the grounds as hereinafter set forth.
INTRODUCTION
This matter arises from the design and construction of the Mountain Valley Pipeline
through Federally-owned lands in western Virginia, which includes the massive clearing of
forested land, and the decisions made by the National Forest Service (“the Forest Service”) to
Page 1 of 8
Case 7:18-cv-00199-EKD Document 1 Filed 05/02/18 Page 1 of 8 Pageid#: 1
deny access to persons attempting to observe and protest the tree cutting and bring food and
supplies to other persons already on-site. Those decisions by the Forest Service have both
denied access to Federally owned public park land and unnecessarily restricted the First
Amendment rights of those persons affected.
PARTIES AND JURISDICTION
1. Petitioner Doug Chancey (“Mr. Chancey”) is a resident and native of Montgomery
County, Virginia. He is a lifelong user of the hiking trails in the George Washington and Jefferson
National Forest (“GWJ National Forest”), which stretches across the length of western Virginia
and into neighboring states, such as West Virginia and North Carolina.
2. Petitioner Marian Mollin (“Ms. Mollin”) is a resident of Montgomery County,
Virginia. She is a lifelong user of the hiking trails in the GWJ National Forest.
3. Petitioner Rebecca Schneider (“Ms. Schneider”) is a resident of Floyd County,
Virginia. She is a lifelong user of the hiking trails in the GWJ National Forest.
4. Defendant Vicki Christiansen (“Ms. Christiansen”) is the acting Deputy Chief of
the U.S. Forest Service, which administers the nation’s national forests and grasslands, including
the GWJ National Forest.
5. Defendant Joby L. Timm (“Supervisor Timm”) is the Supervisor of the GWJ
National Forest and has served in that capacity at all times relevant hereto. He has issued the
opinions and promulgated the regulations which are at issue in this proceeding.
6. Subject matter jurisdiction exists pursuant to 28 U.S.C. § 1331 and 28 U.S.C. §
1367 as this matter presents a federal question, and the remaining claims are so closely related to
the federal question that they form part of the same case or controversy.
7. Venue and jurisdiction are proper in this Court pursuant to 28 U.S.C. § 1391.
Page 2 of 8
BACKGROUND
8. The Mountain Valley Pipeline (“MVP”) is a 303-mile natural gas pipeline
extending from northwestern West Virginia to southern Virginia. It is owned by Mountain Valley
Pipeline, LLC, which is a joint venture of major natural gas suppliers in the eastern United States.
9. The MVP crosses into Virginia in rural Giles County, and then continues across
Montgomery, Roanoke, and Franklin Counties before eventually terminating in Pittsylvania
County where it ties into the Transcontinental Pipeline.
10. A significant portion of the MVP’s path in Giles County and Montgomery County
is through and across the GWJ Forest.
11. The pipeline itself is designed to be 42 inches in diameter and requires a temporary
easement of 125 feet during construction, which is the area of tree cutting, as well as a permanent
easement of 50 feet following construction.
12. The natural gas which is being migrated through the MVP originates from the Utica
and Marcellus shale deposits in western Pennsylvania.
13. In October 2015, the ownership of MVP filed a formal application with the Federal
Energy Regulatory Commission (“FERC”) to construct the pipeline.
14. On October 13, 2017, FERC issued a Certificate of Public Convenience and
Necessity for the MVP to proceed. Significantly, while this provided Federal approval for the
pipeline, it did not preclude the Commonwealth of Virginia (or any state) from regulating the
various aspects of the pipeline, including its impact on water quality and the overall environment.
15. Over the past three years, the MVP has garnered significant public interest and
opposition which has led to protests, marches and numerous other acts of political expression.
Page 3 of 8
16. In early 2018, following FERC approval of MVP and the engineering of a proposed
path, the owners of MVP began cutting trees along the MVP route.
17. In response to the tree cutting, certain members of the public (hereinafter “the tree
sitters”) began occupying trees or “monopods” in the path of the MVP with the intention of calling
attention to the tree cutting.
18. At least three of these tree sitters were located on Peters Mountain in the GWJ
National Forest, where the MVP crosses from Virginia to West Virginia.
19. At least one of those tree sitters, using the sobriquet “Nutty,” is located on Peters
Mountain in Giles County.
20. “Nutty” has been living continuously in a “monopod” on a ridgeline of Peters
Mountain known as “Mystery Ridge,” since on or about March 27, 2018. The area where she is
residing is part of the GWJ Forest and, therefore, open to the public for recreational and other uses.
She is lawfully present and not in violation of any Court order.
21. Numerous other persons have hiked up to Mystery Ridge, since March 27, 2018, in
order to observe “Nutty” or otherwise express political speech regarding the tree-cutting which is
about to occur in the GWJ Forest.
22. Mr. Chancey and Ms. Schneider have hiked up to visit “Nutty” on numerous
occasions, both to express their concern for her and their overall opposition to the MVP and, in
particular, the specified route across the GWJ Forest.
23. Mr. Chancey, Ms. Mollin, Ms. Schneider, and other supporters of “Nutty” have
established a camp ground on Mystery Ridge in order to observe and communicate with “Nutty”
while also monitoring the potential tree-cutting.
Page 4 of 8
24. In order to reach that campground, there is a gravel road named “Pocahontas Road”
which accesses the GWJ on the Virginia (Giles County) side of Peters Mountain. It is
approximately a 1-2-mile drive along that road to reach the location where “Nutty” and the
campground are located.
25. On April 7, 2018, Supervisor Timm issued Order No. 08-08-11-18-05, which was
styled as “The Revised Mountain Valley Pipeline Emergency Closure Order” (“the April 7th
Order”), which is still in effect and posted at the camp site. A copy of the April 7th Order is attached
as Exhibit A.
26. The April 7th Order is signed by Supervisor Timm and expressly promulgated under
16 U.S.C. §551 and 36 C.F.R. §261.50(a) and (b). It does the following:
a. Forbids any persons to come within one hundred twenty-five (125) feet of the
“right of way” area designated for MVP on Peters Mountain;
b. Closes off Pocahontas Road accessing Mystery Ridge to any persons, except
NFS personnel and pipeline employees;
c. Establishes a “First Amendment Expression Area” at Caldwell Field
Campground which is an area of the GWJ Forest located approximately ten (10)
miles away from Mystery Ridge.
See Exh. A.
27. Both the purpose and effect of the April 7th Order have been to (i) prevent persons
to reach “Nutty” or bring her provisions, as she is running short of food, (ii) prevent supporters
from hiking up the ridge to join other protesters and observers on Mystery Ridge, and (iii) restrict
media access to observe activities on Mystery Ridge.
28. To wit, the April 7th Order has forced persons entering the GWJ Forest along the
Pocahontas Road to follow an overland trail, ironically dubbed “the Public Safety Trail” in order
to reach Mystery Ridge.
Page 5 of 8
29. The “Public Safety Trail” runs parallel to the road accessing the ridge line, however,
it traverses at least three streams and climbs up several steep embankments. There are fallen logs
across the “Public Safety Trail” at various points. It is a physically challenging hike with several
steep grades, which can lead to accidental falls. See photos of Mr. Chancey on the “Public Safety
Trail” attached as Exhibit B.
30. The “Public Safety Trail” is haphazardly marked and walkers can easily wander off
course (and into West Virginia). Meanwhile, a perfectly serviceable road – carrying MVP
employees – is barely a hundred yards away.
31. The effect of the “Public Safety Trail” has been to deny access to the GWJ Forest,
and specifically to the ridgeline on Peters Mountain where Nutty is located, i.e. Mystery Ridge, to
all but the fittest and most experienced hikers. It also poses a continuing safety hazard by forcing
park users into unmarked woods, when a gravel road is available for easy access.
32. Notably, the April 7th Order (and the concomitant CFR section) has been cited by
the Forest Service in arresting persons who are on Mystery Ridge attempting to speak with or bring
supplies to Nutty.
33. All actions taken by Supervisor Timm in this matter are pursuant to his authority
as an agent of the Forest Service.
34. The actions taken by Mr. Timm pose irreparable harm to Mr. Chancey, Ms. Mollin,
and Ms. Schneider, and there is no adequate remedy at law available to them.
COUNT I – VIOLATION OF FIRST AMENDMENT

(Ms. Christiansen and Mr. Timm)
35. Mr. Chancey, Ms. Mollin, and Ms. Schneider incorporate and restate the allegations
of Paragraphs 1-34 as if fully set forth herein.
Page 6 of 8
36. The GWJ Forest is a Federal national forest owned by the United States taxpayer,
not by any private corporation. It is the definition of a public venue.
37. The persons who are accessing the GWJ Forest in order to speak with “Nutty” or
observe the tree cutting are exercising their First Amendment rights.
38. The April 7th Order violates the First Amendment rights of Mr. Chancey, Ms.
Mollin, Ms. Schneider, and others similarly situated, both on its face and as applied. Specifically,
it fails to use the least restrictive means in its impact on Mr. Chancey, Ms. Mollin, and Ms.
Schneider’s freedom of speech and freedom of assembly as guaranteed by the First Amendment.
It also represents an unreasonable burden on such expressions.
39. The Order is not a reasonable time, place, or manner restriction that serves an
important government interest and does not leave open an adequate alternative place for “First
Amendment Speech Expression.”
40. There is no showing of harm or threat to public safety from the presence of Mr.
Chancey, Ms. Mollin, and Ms. Schneider or others on Mystery Ridge; rather the context of the
Order is the embarrassment of the Forest Service and MVP from having Mr. Chancey, Ms. Mollin,
and Ms. Schneider, and others observe the tree-cutting while speaking with and bringing
provisions to Nutty.
WHEREFORE, the Petitioners request temporary and permanent injunctive relief as
follows: (i) a declaration that the April 7th Order is invalid and unenforceable, and (ii) reopening
the public access road to Mystery Ridge and the site where the campground are located. Petitioners
seek their costs and attorney fees herein as well as such further relief as the Court may deem
equitable.
Page 7 of 8
DOUG CHANCEY
MARIAN MOLLIN
REBECCA SCHNEIDER
By: ___________/s/________________
J. Chapman Petersen, Esq., VSB #37225
David L. Amos, Esq., VSB #87271
Abby Mulugeta, Esq., VSB #92424
CHAP PETERSEN & ASSOCIATES, PLC
3970 Chain Bridge Road
Fairfax, VA 22030
Telephone 703.277.9704
Facsimile 703.591.9285
jcp@petersenfirm.com
dla@petersenfirm.com
agm@petersenfirm.com
Counsel for Petitioners
Tammy L. Belinsky, Esq., VSB #42424

9544 Pine Forest Road
Copper Hill, VA 24079
Telephone 540.929.4222
Facsimile 540.929.9195
tambel@hughes.com
Counsel for Petitioners
Page 8 of 8
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS Doug Chancer DEFENDANTS Vicki Christiansen

Marian Mollin Joby L. Timm
Rebecca Schneider
(b) County of Residence of First Listed Plaintiff Montgomery County County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Chap Petersen & Associates, PLC
3970 Chain Bridge Road, Fairfax, VA 22030
571.459.2521
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters
Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
U.S. Const. amend. I
VI. CAUSE OF ACTION Brief description of cause:
First Amendment Challenge to Order issued by US Forest Service
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
05/02/2018 /David L. Amos/
FOR OFFICE USE ONLY
0423-2888430 7:18CV199
RECEIPT # Case AMOUNT $400.
7:18-cv-00199-EKD Document JUDGE Dillon
APPLYING IFP 1-1 Filed 05/02/18 Page 1 of 1MAG.Pageid#:
JUDGE 9
Case 7:18-cv-00199-EKD Document 1-2 Filed 05/02/18 Page 1 of 8 Pageid#: 10
/
"
Attachment 1 depicts the Closed Area along the

(
!
Approved Pipeline Route in the vicinity of Mystery

Ridge Road. Refer to Attachment 2 for the Closed
(
!
Area along the Approved Pipeline Route in the

(
!
vicinity of Brush Mountain Road. Refer to Attachments

3, 4 and 5 for the Closed Areas coinciding with the
(
!
(
!
Mystery Ridge Road Segment and Pocahontas Road
(
!
Segment.
(
!
196
PETER'S MOUNTAIN WILDERNESS
(
!
(
!
/
"
(
!
Appalachian Trail Tread

(
!
Width Excluded from

(
!
Closure Order
(
! (
! (
!
(
!
(
! (
!
/
"
197 (
!
(
!
(
!
(
!
(
!
(
!
(
!
(
!
(
!
/
"
(
!
(
!
198
(
!
(
!
(
!
(
!
(
!
(
!
(
!
/
"
(
!
199
(
!
(
!
(
!
(
!
(
!
(
!
Copyright: © 2013 National Geographic Society
Vicinity Map References Legend
Background data is ESRI NGS_Topo_US data, Milepost
(
! Attachment 1:
Mountain Valley Pipeline
6
supplemented with Mountain Valley Pipeline (
!
project data and Forest Service Lands Status Tenth-mile
Emergency Closure Order
5
Records System ownership and boundary data. /
"
Approved Pipeline Route
Disclaimer
(
!
(
!
The USDA Forest Service makes no warranty, Closed Area
(
!
expressed or implied regarding the data displayed (
! U.S. Forest Service
Appalachian Trail Southern Region
®
on this map, and reserves the right to correct,
update, modify, or replace this information without George Washington & Jefferson
notification. The USDA Forest Service makes no Appalachian Trail Tread excluded from Closure Order
National Forest
warranty to the accuracy of the approved pipeline
route on non National Forest System lands. Administrative Forest Boundary
Any buffers shown on this map are for the purpose
National Wilderness Area
Sources: Esri, HERE, Garmin, of depicting the area subject to the closure order Copies of this map are available for public
Case 7:18-cv-00199-EKD
USGS, Intermap,
Document 1-2 Filed
and do not reflect the approved area of disturbance
for the project.
05/02/18
National Forest System Lands Page 4 of 8 inspection
Pageid#: in the13
Office of the Regional
Forester, Southern Region, Atlanta, GA.
0 0.1 0.2 0.4
Miles Map Created: April 6, 2018
file location: T:/FS/NFS/WOLands/ALP/Project/R08/regional/MapProduct/Attachment1_MVP_Closure_04062018.pdf
Attachment 2 depicts the Closed Area along
the Approved Pipeline Route in the vicinity
of Brush Mountain Road. Refer to
218 Attachment 1 for the Closed Area along the
Approved Pipeline Route in the vicinity of
Mystery Ridge Road. Refer to Attachments
3, 4 and 5 for the Closed Areas coinciding
/
" (
!
(
!
(
!
217 with the Mystery Ridge Road Segment and

(
!
(
! (
! (
! (
!
(
!
Pocahontas Road Segment.

(
!
(
!
/
" (
!
(
!
(
! (
! (
!
(
!
(
!
(
!
(
!
(
!
(
!
(
! 219
/
"
(
!
(
!
(
!
(
!
(
!
(
!
(
! (
!
(
!
/
"
(
!
220
(
!
(
!
(
!
Brush Mountain Wilderness
(
!
(
!
Brush M
ountain
(
!
(F S R 188) (
!
Brush Mountain FSR 188

(
!
excluded from Closure Order /

"
(
!
221
(
!
(
!
(
!
(
!
(
!
(
! (
!
(
! (
!
(
! (
!
(
! (
! (
! (
!
/
" (
!
(
! /
" (
! (
!
222 (
!
(
!
(
!

Background data is ESRI NGS_Topo_US data,
Milepost
Attachment 2:
supplemented with Mountain Valley Pipeline
6
project data and Forest Service Lands Status Tenth-mile
5
Records System ownership and boundary data.
Approved Pipeline Route
Disclaimer
U.S. Forest Service
®
expressed or implied regarding the data displayed
on this map, and reserves the right to correct, U.S. Forest Service Road Southern Region
update, modify, or replace this information without
George Washington & Jefferson
notification. The USDA Forest Service makes no Administrative Forest Boundary
warranty to the accuracy of the approved pipeline National Forest
route on non National Forest System lands. National Wilderness Area
National Forest System Lands
Sources: Esri, HERE, Garmin,
of depicting the area subject to the closure order
Copies of this map are available for public
USGS, Intermap, for the project.
Document 1-2 Filed 05/02/18 Page 5 of 8 inspection
Pageid#: in the14
0 0.125 0.25 0.5
Miles Map Created: April 6, 2018 Forester, Southern Region, Atlanta, GA.
Attachment 3 depicts the Closed Area
along the Mystery Ridge Road Segment
and a portion of the Pocahontas Road
Segment. Refer to Attachments 4 and 5 for the
complete Closed Area coinciding with the
Pocahontas Road Segment. Refer to
Appalachian Trail Tread Attachments 1 and 2 for the Closed Area along
Width Excluded from the Approved Pipeline Route.
Closure Order
Mystery Ridge (FSR 11080)

End Point
PETER'S MOUNTAIN WILDERNESS
Myst
ery
R idg
e
(F
SR
11
08
0)
Mystery Ridge FSR 11080 will be
closed from its intersection with
Pocahontas FSR 972 to its endpoint
at Peter's Mountain Wilderness
"
J
"
J
R 972)
Intersection with
Pocahontas (FSR 972)
S
(F
Pocahontas FSR 972 will be

as

nt
Mystery Ridge FSR 11080 to its

a
ho
c intersection with State Route 641

Po
Background data is ESRI NGS_Topo_US data, Attachment 3:
project data and Forest Service Lands Status
"
J Seasonal Gate
Records System ownership and boundary data.
Closed U.S. Forest Service Road
Disclaimer Appalachian Trail
The USDA Forest Service makes no warranty, Appalachian Trail Tread excluded from Closure Order
expressed or implied regarding the data displayed U.S. Forest Service
Southern Region
®
on this map, and reserves the right to correct, Administrative Forest Boundary
notification. The USDA Forest Service makes no Closed Area National Forest
Sources: Esri, HERE, Garmin, of depicting the area subject to the closure order
USGS, Intermap,
Document 1-2 Filed
for the project.
05/02/18 Page 6 of 8 inspection
Pageid#: in the15
0 0.05 0.1 0.2
Attachment 4 depicts the Closed Area coinciding
with the Pocahontas Road Segment. Refer to
Attachment 5 for the Appalachian Trail tread and
Pocahontas Road Segment. Refer to Attachment 3
for the Closed Area coinciding with the Mystery Ridge
Road Segment. Refer to Attachments 1 and 2 for "
J
the Closed Area along the Approved Pipeline Route.
"
J

Intersection with
Pocahontas FSR 972 will be

Mystery Ridge FSR 11080 to its
intersection with Clendennin Road
9 72)
SR
(F
t as
on
cah
Po
"
J
Appalachian Trail Tread

Width Excluded from
Closure Order

intersection with
Clendennin Road (State Route 641)

"
J Seasonal Gate
Closed U.S. Forest Service Road
Records System ownership and boundary data. Emergency Closure Order
Appalachian Trail
Disclaimer
The USDA Forest Service makes no warranty, Appalachian Trail Tread excluded from Closure Order
Southern Region
®
notification. The USDA Forest Service makes no Closed Area National Forest
of depicting the area subject to the closure order
USGS, Intermap,
Document 1-2 Filed
for the project.
05/02/18 Page 7 of 8 inspection
Pageid#: in the16
0 0.1 0.2 0.4
Attachment 5 depicts the Closed Area along
the portion of the Pocahontas Road Segment
where it coincides with the Applachian Trail tread.
Refer to Attachment 1 and 2 for the Closed Area
along the Approved Pipeline Route. Refer to
Attachment 3 for the Closed Area coinciding with
the Mystery Ridge Road Segment Refer to
2)
Attachment 4 for the Closed Area coinciding with 97
the complete Pocahontas Road Segment. SR
(F
s
ta
h on
ca
Po
Pocahontas FSR 972 will be closed from

its intersection with Mystery Ridge FSR 11080
to its intersection with Clendennin Road
Appalachian Trail Tread (aka State Road 641)
Excluded from
Closure Order

Closed U.S. Forest Service Road Mountain Valley Pipeline
Records System ownership and boundary data. Appalachian Trail
Disclaimer Appalachian Trail Tread excluded from Closure Order
Southern Region
®
notification. The USDA Forest Service makes no National Forest System Lands
National Forest
route on non National Forest System lands.
of depicting the area subject to the closure order Copies of this map are available for public
USGS, Intermap,
Document 1-2 Filed 05/02/18 Page 8 of 8 inspection
for the project.
Pageid#: in the17
0 0.025 0.05 0.1

Chancey Complaint

Загружено:

Сведения о документе

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Chancey Complaint

Загружено:

Авторское право:

Доступные форматы

IN THE UNITED STATES DISTRICT COURT FOR

THE WESTERN DISTRICT OF VIRGINIA

COMPLAINT FOR INJUNCTIVE RELIEF

(collectively the “Defendants”), on the grounds as hereinafter set forth.

Amendment rights of those persons affected.

PARTIES AND JURISDICTION

1. Petitioner Doug Chancey (“Mr. Chancey”) is a resident and native of Montgomery

2. Petitioner Marian Mollin (“Ms. Mollin”) is a resident of Montgomery County,

3. Petitioner Rebecca Schneider (“Ms. Schneider”) is a resident of Floyd County,

4. Defendant Vicki Christiansen (“Ms. Christiansen”) is the acting Deputy Chief of

the GWJ National Forest.

5. Defendant Joby L. Timm (“Supervisor Timm”) is the Supervisor of the GWJ

6. Subject matter jurisdiction exists pursuant to 28 U.S.C. § 1331 and 28 U.S.C. §

8. The Mountain Valley Pipeline (“MVP”) is a 303-mile natural gas pipeline

Montgomery, Roanoke, and Franklin Counties before eventually terminating in Pittsylvania

County where it ties into the Transcontinental Pipeline.

is through and across the GWJ Forest.

easement of 50 feet following construction.

and Marcellus shale deposits in western Pennsylvania.

Energy Regulatory Commission (“FERC”) to construct the pipeline.

attention to the tree cutting.

Mountain in Giles County.

20. “Nutty” has been living continuously in a “monopod” on a ridgeline of Peters

She is lawfully present and not in violation of any Court order.

about to occur in the GWJ Forest.

particular, the specified route across the GWJ Forest.

while also monitoring the potential tree-cutting.

campground are located.

media access to observe activities on Mystery Ridge.

to reach Mystery Ridge.

Trail” attached as Exhibit B.

employees – is barely a hundred yards away.

as an agent of the Forest Service.

COUNT I – VIOLATION OF FIRST AMENDMENT

of Paragraphs 1-34 as if fully set forth herein.

not by any private corporation. It is the definition of a public venue.

It also represents an unreasonable burden on such expressions.

Amendment Speech Expression.”

WHEREFORE, the Petitioners request temporary and permanent injunctive relief as

Tammy L. Belinsky, Esq., VSB #42424

I. (a) PLAINTIFFS Doug Chancer DEFENDANTS Vicki Christiansen

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Attachment 1 depicts the Closed Area along the

Approved Pipeline Route in the vicinity of Mystery

Area along the Approved Pipeline Route in the

vicinity of Brush Mountain Road. Refer to Attachments

Appalachian Trail Tread

Width Excluded from

217 with the Mystery Ridge Road Segment and

Pocahontas Road Segment.

Brush Mountain FSR 188

excluded from Closure Order /

Copyright: © 2013 National Geographic Society

Mystery Ridge (FSR 11080)

PETER'S MOUNTAIN WILDERNESS

Pocahontas FSR 972 will be

closed from its intersection with

Mystery Ridge FSR 11080 to its

c intersection with State Route 641

Mystery Ridge (FSR 11080)

Pocahontas FSR 972 will be

Appalachian Trail Tread

Pocahontas (FSR 972)

Copyright: © 2013 National Geographic Society