Supreme Court Allows Construction of Mountain Valley Pipeline to Proceed
The Supreme Court has granted an emergency request from backers of the controversial Mountain Valley Pipeline, clearing the way for construction to proceed. The decision lifts lower court orders that had frozen construction while legal challenges were being resolved. The pipeline, which has the support of Congress and the Biden administration, would transport gas from West Virginia to Virginia. Despite calls from climate activists to halt the project, White House officials have been supportive of the pipeline since its introduction in Congress last year.
The Mountain Valley Pipeline has faced significant delays due to multiple lawsuits and challenges, with the Virginia-based 4th US Circuit Court of Appeals repeatedly overturning permits citing environmental violations. However, in June, Congress passed the Fiscal Responsibility Act, known as Section 324, which mandated the completion of the pipeline and stripped courts of jurisdiction to hear challenges regarding federal approvals of the project. President Joe Biden signed the bill into law on June 3.
The Supreme Court’s decision to allow construction to proceed is seen as a victory for West Virginia Senator Joe Manchin, a conservative Democrat who has championed the project. Manchin played a key role in securing the pipeline provisions in the debt limit bill, which passed under debt ceiling negotiations. Environmental groups, such as the Wilderness Society, have argued that Congress exceeded its authority in passing the law.
Backers of the pipeline have warned that further delays would prevent the pipeline from being put into service by the end of the year, resulting in significant financial losses. The appeals court froze construction on July 10 and is currently scheduled to hear the case. Supporters of the project argue that Section 324 renders the challenges moot and that the law is constitutional.
The emergency request received bipartisan support from lawmakers, including Senator Manchin, who filed a brief in support of the project. Solicitor General Elizabeth Prelogar defended the law, stating that Congress was within its constitutional authority to pass it and that the appeals court lacked the authority to stay the agencies’ action.
The Supreme Court’s order, issued without extensive reasoning or any noted dissents, comes as the White House announces new actions to combat climate-fueled extreme heat. While the decision to allow the Mountain Valley Pipeline to proceed aligns with the Biden administration’s support for the project, it has faced criticism from environmental activists who argue that it contradicts the administration’s commitment to addressing climate change.
The case highlights the ongoing debate over balancing energy infrastructure development with environmental concerns and the role of Congress in mandating such projects. The outcome of the legal challenges and the construction of the Mountain Valley Pipeline will have implications for the future of fossil fuel projects and climate policy in the United States.
Original Story at www.cnn.com – 2023-07-27 15:58:00
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