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National Review
National Review
28 Jul 2023
Jeff Zymeri


NextImg:Supreme Court Clears Way for Construction of Mountain Valley Pipeline

The Supreme Court has paved the way for the Mountain Valley Pipeline to be finished by the end of 2023, lifting a stay issued by the Fourth Circuit.

In a short order Thursday, the High Court vacated an injunction that a lower court put in place even despite the fact that Congress explicitly limited judicial review of the project. Republicans were able to come to an agreement with the White House to expedite the pipeline’s completion during debt-ceiling negotiations.

“Congress passed that law. The president signed it. And now the Supreme Court of the United States spoke with one voice to uphold it,” explained Senator Joe Manchin (D., W. Va.) in a video statement. Manchin, who is also chairman of the Senate Energy Committee, rebuked the Fourth Circuit when it first issued the stay, saying: “It should alarm every American when a court ignores the law.”

“That’s the right call for American workers and American energy independence,” said House Speaker Kevin McCarthy (R., Calif.) in response to the news.

The 303-mile pipeline that will transfer natural gas across West Virginia and Virginia has been delayed by litigation for years; construction was previously halted by the Fourth Circuit because of a dispute over whether developers were complying with state water regulations.

In its most recent order, the Fourth Circuit was petitioned by environmental groups who argued that the debt-ceiling deal violated the Constitution’s separation of powers in tying the judiciary’s hands. However, Congress has eliminated a court’s jurisdiction to review a particular case in the past.

Not only was judicial review limited but it had also been directed to the D.C. Circuit Court of Appeals, which was given “original and exclusive jurisdiction over any claim,” highlighting the unusual nature of the Fourth Circuit’s order.

To supporters of conventional energy projects, the fact that all three branches had to devote attention to pushing the completion of the pipeline through was illustrative of the obstacles these projects face.

The permitting reforms included in the debt-ceiling deal were intended to address some of these obstacles, but Republican negotiators admitted it was only a launching pad.

“This is all about unlocking America’s resources. This is about improving the competitiveness of the U.S. economy, and not getting bogged down in the 115 lawsuits a year that are filed against [the National Environmental Policy Act], taking on average 3.5 years and in the majority of cases actually going in favor of government or the original permit decision,” Representative Garret Graves (R., La.) told reporters in May.