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 unsigned order Thursday, the high court vacated an injunction that a lower court put in place 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, under Article III, Congress is authorized to determine what classes of “cases” and “controversies” inferior courts have jurisdiction to review and it also has the power to make “exceptions” and “regulations” to the Supreme Court’s appellate jurisdiction. Even before the debt-ceiling deal, Congress has eliminated a court’s jurisdiction to review a particular case.
Not only was judicial review limited but any claim challenging the provision was directed to the D.C. Circuit Court of Appeals, which was given “original and exclusive jurisdiction,” highlighting the unusual nature of the Fourth Circuit’s order.
To supporters of conventional energy projects, the fact that so much attention had to be devoted to pushing through one pipeline is 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 more work must be done.
“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.