USALife.info / NEWS / 2023 / 07 / 28 / SCOTUS CLEARS PATH FOR MOUNTAIN VALLEY PIPELINE CONSTRUCTION
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SCOTUS clears path for Mountain Valley Pipeline construction

14:44 28.07.2023

In a significant development, the Supreme Court has given the green light for the construction of the Mountain Valley Pipeline (MVP) to resume. The pipeline, which has been long championed by Senator Joe Manchin, is set to carry natural gas from northwestern West Virginia to southern Virginia. The project, estimated to cost $6.6 billion, has faced numerous legal challenges since construction began in 2018. The Fourth Circuit Court of Appeals had placed a stay on the construction, siding with environmentalist plaintiffs including the Wilderness Society and Appalachian Voices. However, Congress fast-tracked the completion of the pipeline and stripped the Fourth Circuit of jurisdiction over the matter in the Fiscal Responsibility Act of 2023. Despite this, the Fourth Circuit imposed a stay on construction while it reviewed the challenge to the pipeline's construction. The Supreme Court's decision to lift the stay has been praised by Senator Manchin, who tweeted that it upholds the law passed by Congress and signed by the President.

The Biden administration had also filed a brief with the Supreme Court, requesting it to vacate the appeals court order. The Department of Justice argued that Congress had determined that further reconsideration of the pipeline's construction was unwarranted and that the completion of the pipeline was a priority over other federal statutes. The administration's position was supported by Senator Manchin and the GOP-led House.

The legal challenges to the pipeline focused on the approvals issued by federal agencies, including the US Fish and Wildlife Service, Bureau of Land Management, and the US Forest Service. Environmental groups, including the Wilderness Society and a coalition of 10 other organizations, argued that the pipeline construction would harm endangered species and violate environmental statutes. They urged the Supreme Court to uphold the lower court orders and accused Congress of enacting a provision that violated the Constitution by picking winners and losers in pending litigation.

The Supreme Court's decision comes after the Mountain Valley Pipeline had already been approved by the Federal Energy Regulatory Commission in 2017. The project is nearly completed, with only a 3.5-mile stretch through the Jefferson National Forest and stream crossings remaining. The company behind the pipeline, a joint venture by Equitrans Midstream and NextEra Energy, among others, had hoped to finish construction by the end of 2023. The company warned that leaving the stay in place would lead to increased demand for natural gas, resulting in price spikes and supply shortages.

With the Supreme Court's order, the construction of the Mountain Valley Pipeline can now proceed, bringing relief to supporters of the project, including Senator Manchin. However, environmental groups remain opposed to the pipeline and are likely to continue their legal challenges. The decision also raises questions about the extent of Congress's power to influence ongoing court cases through legislative action. As the project moves forward, its impact on the environment and local communities will continue to be a subject of debate and scrutiny.

/ Friday, July 28, 2023, 2:44 PM /

themes:  Virginia  West Virginia

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