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A federal court in Richmond has issued a halt on the construction of the Mountain Valley Pipeline, sparking a legal battle with Congress that may reach the Supreme Court.
The U.S. Court of Appeals for the Fourth Circuit, located in Richmond, has recently released two rulings that temporarily suspend work on the pipeline. This pipeline aims to transport natural gas across nearly 1,000 streams and wetlands, spanning about 300 miles from West Virginia’s Marcellus shale fields to Virginia.
Notably, Congress had shifted jurisdiction over the pipeline from the Richmond court, where environmentalists have had success in their decade-long battle, to the U.S. Court of Appeals for the District of Columbia Circuit. This provision was included in legislation unrelated to pipelines – the debt ceiling law.
Alongside the shift in jurisdiction, Congress also added provisions to expedite pipeline construction and shield it from judicial review. These additions were made to appease Senator Joe Manchin III, a crucial vote for President Biden’s domestic agenda and a Democrat from West Virginia.
However, environmentalists, Democratic members of the Virginia congressional delegation, and constitutional law experts argue that Congress’s directive to change courts violates the separation of powers clause in the Constitution.
In recent orders, the Fourth Circuit appeals court granted a temporary stay on the pipeline’s construction, as requested by nearly a dozen environmental groups.
Ben Jealous, executive director of the Sierra Club and one of the plaintiffs, said, “Congress’s unprecedented end run around the courts attempted to forgo proper checks and balances and declare the sinking ship that is the M.V.P. a winner. This, as we know, was wrong from the start. Congress cannot mandate that federal regulators throw caution to the wind. Environmental laws are more than just mere suggestions and must be adhered to.”
Senator Manchin stated that the Richmond court is disregarding the law and called the new construction halt order unlawful. He emphasized that regardless of one’s position on the pipeline, it should concern every American when a court ignores the law.
The Justice Department supports the pipeline and has submitted briefs to the Fourth Circuit appeals court, backing a motion to dismiss the appeals challenging the pipeline’s right of way through Jefferson National Forest in West Virginia.
Why It Matters: There is a significant constitutional issue at stake.
Some experts raise questions about whether Congress can restrict court action based on the new law.
Background: Biden leveraged the pipeline to secure Senator Manchin’s vote.
The Mountain Valley Pipeline, initially a state infrastructure project, took on national environmental significance and became a bargaining chip in Washington negotiations.
Last year, as President Biden sought to pass major climate legislation, Senator Manchin withdrew his critical tiebreaking vote, seemingly dooming the effort. However, when President Biden promised to ensure the completion of the Mountain Valley Pipeline, Senator Manchin agreed to support the climate law. This law allocated $370 billion to clean energy spending and aimed to reduce the country’s carbon dioxide emissions by approximately one billion tons in 2030.
Senator Manchin may face a challenging re-election campaign next year, and advancing the pipeline’s completion could benefit him with voters. West Virginia’s governor, Jim Justice, a popular Democrat-turned-Republican, has announced his candidacy for the Senate. West Virginia is a strongly conservative state that President Trump won by a significant margin in 2020. Retaining this seat is a priority for Democrats, although Senator Manchin has not yet declared whether he will seek re-election.
What’s Next: The Supreme Court might intervene.
The case could potentially be escalated to the Supreme Court.
Natalie Cox, a spokesperson for Equitrans Midstream Corporation, one of the companies involved in constructing the pipeline, stated, “We continue to assess all legal options, including filing emergency appeals to the U.S. Supreme Court.” Some analysts predict that if the case reaches the high court, it is likely to favor the pipeline developers.
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