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UPDATE: High court takes Atlantic Coast Pipeline case with federal land crossing

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UPDATE: High court takes Atlantic Coast Pipeline case with federal land crossing

The U.S. Supreme Court agreed to consider a case involving Dominion Energy Inc.-led Atlantic Coast Pipeline LLC's proposed crossing of the Appalachian Trail. The pipeline developer and the federal government seek to overturn a federal appeals court decision that blocked a 1.5-Bcf/d natural gas pipeline from crossing federal land between the Appalachian production area and East Coast markets.

On Oct. 4, the Supreme Court granted review in the consolidated cases. A Dominion spokesman said the company looks forward to making its case for why the pipeline project should be allowed to cross the George Washington National Forest and the Appalachian National Scenic Trail early next year.

"The law and the facts are on our side, and we're supported by a broad coalition of stakeholders," spokesman Aaron Ruby said in a statement. "The U.S. Solicitor General, 16 state Attorneys General and more than a dozen industry and labor organizations all agree that the U.S. Forest Service has the authority to approve our Appalachian Trail crossing."

The energy company said the pipeline would run 600 feet below the surface of the trail. Work to insert the pipeline would occur more than a half-mile away from each side of the Trail to avoid any impacts. "More than 50 other pipelines cross underneath the Appalachian Trail without disturbing its public use," Ruby said.

In an Oct. 4 notice, consulting firm ClearView Energy Partners said it was not convinced that the Supreme Court would overturn the appeals court.

Conservation group Cowpasture River Preservation Association was not available to comment by press time. The association had asked the U.S. Supreme Court to dismiss the petitions on Aug. 29. The group said the U.S. Appeals Court for the 4th Circuit was correct to vacate the authorizations to cross federal land on several grounds. These included the Mineral Leasing Act, which "prohibits pipeline crossings over federal lands in the National Park System" that includes the Appalachian Trail. (U.S. Court of Appeals for the 4th Circuit dockets 18-1584 and 18-1587)

Decisions by the 4th Circuit to overturn federal authorizations from the U.S. Forest Service, U.S. Fish and Wildlife Service and other federal agencies are among the regulatory and legal troubles for the 600-mile pipeline project, which would move gas from West Virginia to Virginia and North Carolina. Atlantic Coast Pipeline is a joint venture of Dominion, Duke Energy Corp. and Southern Co. Gas.