The Supreme Court said construction to finish a 303-mile natural gas pipeline across the Virginias can resume.
paved the way for construction of the controversial Mountain Valley Pipeline project to resume, granting a request to lift lower court orders that halted the project and delayed its completion.vacates stays issued by the U.S. Court of Appeals for the 4th Circuit in cases brought by environmental organizations opposed to the 303-mile Mountain Valley Pipeline that will transport natural gas from West Virginia to Virginia. There were no noted dissents.
The groups argue pipeline construction will harm endangered species and allege the approvals from BLM and the Forest Service violate numerous environmental statutes. Under the measure, signed into law by President Biden in early June, Congress approved all authorizations or necessary permits issued for the construction and operation of the pipeline. A provision also stripped federal courts of jurisdiction to hear challenges to authorizations granted by federal agencies to build the pipeline. Any disputes over the lawfulness of that section must be heard by the federal appeals court in Washington, D.C.
"In all events, Section 324 is a valid exercise of Congress's Article I powers to establish standards for environmental permitting and to prescribe the jurisdiction of the lower courts. In exercising those authorities, Congress did not impinge on the Article III judicial power," lawyers for the company wrote.
The Biden administration, Manchin and the GOP-led House sided with the pipeline company in the dispute and urged the Supreme Court to lift the lower court orders. The environmental group also argued that the provision is"independently unconstitutional" because it strips jurisdiction in order to guarantee the government and Mountain Valley Pipeline would win in the pending litigation over the pipeline approvals.
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