Supreme Court Victory: Mountain Valley Pipeline Cleared For Construction, Leaving Environmental Groups IRATE

The ruling, issued on Thursday, vacated the stay orders from the U.S. 4th Circuit Court of Appeals, which had sided with environmental groups in their lawsuit against the pipeline construction. The decision to overturn the ruling was supported by the Biden administration, bipartisan lawmakers, and the fossil fuel industry.

The Department of Justice, in an amicus brief to the Supreme Court, argued that Congress had already determined that further reconsideration of the challenged actions was unnecessary. The brief stated, "Whatever benefit respondents or the court of appeals might believe would be gained by having the agencies again reconsider the challenged actions, Congress has determined that further reconsideration is unwarranted and has prioritized MVP's 'timely' completion over interests addressed by any other federal statutes."

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Opponents of the 4th Circuit ruling pointed to the Fiscal Responsibility Act, a bipartisan debt limit bill signed by President Biden in June, which authorized all permits for the MVP project. The bill also shifted the jurisdiction for judicial review from the 4th Circuit to the U.S. District of Columbia Circuit Court of Appeals, as the former has a history of favoring environmental groups.

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The developer of the pipeline, Equitrans Midstream, had requested the Supreme Court to vacate the stay shortly after the lower court ruling. The court gave plaintiffs until Tuesday to file a response. GOP Chief Deputy Whip Guy Reschenthaler expressed his support for the Supreme Court's decision, stating, "The Fourth Circuit judges are not supreme rulers, and lawful orders issued by the legislative and executive branches must be followed."

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Reschenthaler, along with seven other representatives and Senator Shelley Moore Capito, filed a brief in support of the MVP project's permits. Democratic Senator Joe Manchin, who played a role in securing the pipeline in the Fiscal Responsibility Act, also filed his own amicus brief in the case. Manchin expressed his relief at the Supreme Court's decision, stating, "I am relieved that the highest court in the land has upheld the law Congress passed and the President signed."

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Several organizations and entities, including the Laborers' International Union of North America, West Virginia Governor Jim Justice, the American Gas Association, the American Petroleum Institute, the Chamber of Commerce, and counsel for the U.S. House of Representatives, filed briefs in support of the pipeline.

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According to Equitrans Midstream, the MVP will transport approximately 2 billion cubic feet per day of natural gas from West Virginia to consumers in the Mid-Atlantic and South Atlantic regions. The pipeline is expected to generate significant economic benefits, including $40 million in new tax revenue for West Virginia, $10 million in new tax revenue for Virginia, and up to $250 million in royalties for West Virginia landowners.

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The Supreme Court's decision to overturn the lower court ruling is seen as a victory for the energy industry and proponents of the pipeline. It highlights the importance of adhering to lawful orders issued by the legislative and executive branches, while also prioritizing the completion of vital infrastructure projects.