Supreme Court rules that Mountain Valley Pipeline can proceed

 July 28, 2023

The Supreme Court ruled against a lower court ruling that blocked the construction of the Mountain Valley Pipeline.

The decision ruled in favor of the 303-mile pipeline in a move that angered many climate change organizations.

The Biden administration's view

"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," the Department of Justice wrote in an amicus brief to the Supreme Court last week.

"That judgment is for Congress alone," the brief continued.

The impact

"In doing so, the court blocked decisions by the 4th U.S. Circuit Court of Appeals, based in Richmond, Virginia, that prevented the project from moving forward. The appeals court intervened despite Congress including language in the recently enacted Fiscal Responsibility Act backed by Sen. Joe Manchin, D-W.Va., that stripped courts of authority to review approval of the pipeline," CNBC reported.

"Construction of the pipeline is almost finished. The dispute before the Supreme Court was over a 3.5-mile stretch in the Jefferson National Forest in Virginia as well as several stream crossings outside the forest," it continued.

Manchin's support

Sen. Joe Manchin (D-WV), a Democrat who has often opposed decisions by the Biden administration, celebrated the court's ruling.

“The Supreme Court has spoken and this decision to let construction of the Mountain Valley Pipeline move forward again is the correct one," he tweeted.

I am relieved that the highest court in the land has upheld the law Congress passed and the President signed,” he added.

The major decision by the Supreme Court once against opposes a Biden position that was at odds with the law. The ruling could also hurt the president as he seeks to gain momentum in his quest for a second term in the White House.

The move now allows at least one new pipeline the opportunity to proceed, offering a possible path for other projects to follow despite heavy climate change regulations from the Biden administration.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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