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Supreme Court Allows Resumption of Natural Gas Pipeline Construction in Virginia

by Hashem Ali
July 27, 2023
in Business
2 min read
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Supreme Court Allows Resumption of Natural Gas Pipeline Construction

The Supreme Court has granted permission for work to resume on a natural gas pipeline that crosses federal land in Virginia. This decision comes despite objections from environmental groups.

Mountain Valley Pipeline, the company behind the project, filed an emergency request which was approved by the justices. Consequently, the final stages of the 303.5 mile pipeline, stretching from northwestern West Virginia to southern Virginia, can now be completed.

The Supreme Court’s decision overturns previous rulings made by the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, which had halted the project’s progress. The appeals court’s interference went against the recently enacted Fiscal Responsibility Act, supported by Senator Joe Manchin, which aimed to remove the courts’ authority to review pipeline approvals.

Construction of the pipeline is almost finished, with the dispute brought before the Supreme Court revolving around a 3.5-mile section in the Jefferson National Forest in Virginia, as well as several stream crossings outside the forest.

Environmental groups, such as the Wilderness Society, have been opposing the pipeline’s construction due to concerns about pollution, wildlife disruption, and water quality degradation. Additionally, they highlight the greenhouse gas emissions associated with natural gas usage, which contribute to climate change.

The challengers argued that Congress overstepped its bounds by passing legislation that prevented courts from reviewing the government’s decisions, as various federal agencies had already approved the pipeline’s path through federal land, including the U.S. Forest Service.

“Congress enacted a statutory provision that crosses the line between legislating and judging,” stated lawyers representing the Wilderness Society in court documents.

The pipeline’s lawyers, representing a joint venture involving companies like Equitrans Midstream Corp., countered by asserting that the appeals court had no authority to halt the project in light of Congress’ actions.

The Biden administration has shown support for the pipeline by filing a brief in its favor.

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