Update:ย
- An appeals court dismissed environmentalistsโ challenge to the Mountain Valley Pipeline, clearing the way for the completion of the controversial project that would see a more than 300-mile gas pipeline built through Virginia and West Virginia.
- The 4th Circuit made the Aug. 11 decision in adherence to a new federal law built into Juneโs Fiscal Responsibility Act that shields federal approvals for the $6 billion pipeline from legal challenges.ย
- Despite dismissing the challenge, judges on the panel expressed disappointment that the new law stripped their authority to hear the case, with U.S. Circuit Judge James Andrew Wynn writing Congress โremovedโ the courtโs jurisdiction.
- Meanwhile, U.S. Circuit Judge Roger L. Gregory said the law could be a โharbinger of erosion not just to the environment but to our republic.โ
Mountain Valley Pipeline lawsuits overview:ย
- Who: The Supreme Court has approved an emergency application filed by Mountain Valley Pipeline LLC that will remove stays on federal approvals for the pipeline project.ย
- Why: Mountain Valley Pipeline claims the stays โ which were put in place by a 4th Circuit panel โ were invalidated as part of a congressional debt ceiling deal completed in May.ย
- Where: The Mountain Valley Pipeline runs through Virginia and West Virginia.
(Aug. 2, 2023)
The Supreme Court approved an emergency application last week that clears the way for the completion of the Mountain Valley Pipeline, which had been facing stays on federal approvals for the controversial project.ย
The emergency application had been submitted by Mountain Valley Pipeline LLC, which asked the high court to remove stays imposed on federal approvals for the project by a federal appeals court, Law360 reports.
A 4th Circuit panel placed the stays on the project in three cases reportedly brought against the pipeline by the opponents of the gas line.ย
The pipeline, meanwhile, argued along with its allies and the federal government that the 4th Circuitโs decisions were invalidated in a congressional debt ceiling deal that was completed in May, according to Law360.ย
The debt ceiling agreement reportedly moved up the completion of the pipeline and protected the more than 300-mile gas pipeline through Virginia and West Virginia from legal challenges.ย
Mountain Valley Pipeline has for years faced opposition from local and national conservation groups
The Mountain Valley Pipeline has faced serious opposition from local and national conservation groups for years, however the project is now almost complete, Law360 reports.ย
The project has not been able to finish, however, is reportedly due to the 4th Circuit blocking federal approvals allowing the pipeline to build over streams and through 3.5 miles of Virginiaโs Jefferson National Forest.ย
A 4th Circuit panel once again blocked the construction of the pipeline July 10 and 11 after hearing arguments in cases that challenged amendments for the Jefferson National Forest plan that allowed construction and endangered species analysis, according to Law360.ย
The pipeline reportedly challenged those decisions in the Supreme Court, leading to last weekโs decision.
Plains All American Pipeline agreed to pay $230 million in July 2022 to resolve claims that alleged negligence on behalf of the pipeline company caused a 2015 oil spill near Santa Barbara, California.ย
Do you believe construction of the pipeline should be able to proceed? Let us know in the comments!ย
The Mountain Valley lawsuits are Mountain Valley Pipeline LLC v. The Wilderness Society, et al., Case No. 23A35, in the Supreme Court of the United States, and Appalachian Voices v. U.S. Department of the Interior, Case No. 23-1384, in the U.S. Court of Appeals for the 4th Circuit.ย
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