Supreme Court Rejects Pause in Pipeline Construction
The Supreme Court will not order the pause of construction on a portion of a natural gas pipeline in Appalachia that runs through private property, Bloomberg Government (subscription) reports.
What’s going on: The Supreme Court “said on Tuesday it won’t temporarily stop Mountain Valley Pipeline from working on a portion of the 300-mile natural gas pipeline going through Virginia landowners’ property.”
- Late last month, the landowners—whose property was taken by eminent domain for the MVP, the only natural gas project underway in the region—sent an emergency injunction to Chief Justice John G. Roberts Jr. seeking a pause in building while their case is heard by a lower court.
- The Supreme Court did not provide a reason for denying the application.
The background: In July, the Supreme Court threw out an injunction by a lower court, allowing construction to restart on the project, which had been stalled for more than a year owing to legal battles.
- “The landowners sued in 2020. … They had refused to sell their properties to Mountain Valley Pipeline, but the Federal Energy Regulatory Commission in 2017 granted a certificate of public convenience and necessity to the company.”
- In June, the FERC granted the project all remaining permits to restart work.
Why it’s important: The MVP—which is set for early 2024 completion—will deliver clean, affordable energy from Appalachian shale reserves to customers in the eastern U.S.
The last word: “Congressional intent is clear: The Mountain Valley Pipeline is in the national interest and vital to energy security,” said NAM Vice President of Domestic Policy Brandon Farris. “The Fiscal Responsibility Act goes further, saying ‘no court shall have jurisdiction to review any action taken’ that grants a permit to MVP.”
- “The NAM has urged Congress to include judicial review in any subsequent permitting reform package. Protracted legal battles make it more difficult for manufacturers to expand their capabilities and deliver on many of our shared national goals.”