The conservation group Cowpasture River Preservation Association asked the U.S. Supreme Court to dismiss petitions from the Dominion Energy Inc.-led Atlantic Coast Pipeline LLC and from the U.S. Department of Justice that seek to overturn a federal appeals court decision that hindered the developer's ability to build its 1.5-Bcf/d natural gas pipeline project.
The federal appeals court had vacated authorizations to cross the George Washington National Forest and Appalachian National Scenic Trail. In an Aug. 28 brief, Cowpasture River Preservation Association, represented by the Southern Environmental Law Center, argued that the appeals court was correct to vacate the authorizations on several grounds, including that the Mineral Leasing Act "prohibits pipeline crossings over federal lands in the National Park System," which the group said includes the Appalachian Trail.
Consulting firm Clearview Energy Partners LLC said in an Aug. 29 note that it is possible the Supreme Court will grant the petitions of the pipeline developer and the federal government, but the firm said the high court will not necessarily overturn the lower court ruling. If the Supreme Court declines to review the petition or upholds the lower court, Dominion would likely have to reroute the project around the national forest.
The 600-mile pipeline project, designed to move Appalachian gas to Mid-Atlantic markets, has hit a series of regulatory and legal setbacks. These included the U.S. Court of Appeals for the 4th Circuit decision at the center of this case that voided federal authorizations allowing the pipeline to cross the Appalachian National Scenic Trail and national forests. Atlantic Coast Pipeline and the Department of Justice filed separate petitions with the Supreme Court to challenge the 4th Circuit decision on June 25. The developer argued that the National Trails System Act expressly preserves the authority of other federal agencies over lands that a national trail traverses. It said the 4th Circuit misconstrued the statutes on which the court relied. (U.S. Court of Appeals for the 4th Circuit dockets 18-1584 and 18-1587)
