Supreme Court OKs completion of Mountain Valley gas pipeline

The U.S. Supreme Court has ruled to allow the immediate resumption of the Mountain Valley Pipeline construction, affirming Congress’ powers over federal courts and hastening the pipeline’s completion.

The controversy: Over the past six years, various lower federal court decisions have delayed the 303-mile pipeline’s construction.
* The pipeline is set to run from northwestern West Virginia to southern Virginia.
* The Fourth Circuit Court of Appeals temporarily blocked the pipeline’s completion while reviewing Forest Service and Bureau of Land Management authorizations.

Legal leverage: A provision was included in last month’s debt ceiling bill that gave explicit congressional approval for the pipeline project and removed the courts’ ability to hear remaining challenges.
* This provision, “Section 234”, was insisted upon by Sen. Joe Manchin (D, W.Va.) in exchange for his support of the debt ceiling bill.
* Lawyers for the pipeline used this law to ask the Supreme Court to dismiss the litigation, arguing the Fourth Circuit Court no longer has power over the case.

The decision: The Supreme Court, in an unsigned order, agreed with the pipeline’s legal position, all but assuring the project’s completion.
* This is a setback for environmental groups like the Wilderness Society, who argued against the pipeline completion, referencing a 1871 precedent that Congress can dictate how federal court cases are dealt with, but it can’t direct their rulings.

View original article on NPR

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