The Supreme Court may determine the future of the delayed Mountain Valley Pipeline, supported by Manchin.

The Supreme Court May Intervene in Dispute Over Mountain Valley Pipeline

The long-stalled Mountain Valley Pipeline, backed by Sen. Joe Manchin (D-WV), is facing potential intervention from the Supreme Court. The U.S. Court of Appeals for the 4th Circuit recently issued a stay that halted construction on a section of the pipeline, causing frustration among pipeline developers Equitrans Midstream and Sen. Manchin himself. Equitrans is now considering an emergency appeal to the Supreme Court to overturn the ruling.

Equitrans released a statement expressing their concern over the ruling, stating that it jeopardizes their plan to complete the pipeline by the end of the year. They argue that the 4th Circuit’s decision goes against the bipartisan Congress’s intent to expedite the project, which was deemed to be in the national interest.

Rob Rains, a senior energy analyst, believes that Equitrans and other companies involved in the project are interested in having the case reviewed by the Supreme Court’s “shadow docket.” This would allow the justices to decide the case without full briefing or oral argument, potentially leading to a quicker resolution.

Controversy Surrounding the Mountain Valley Pipeline

The Mountain Valley Pipeline has faced numerous obstacles, including concerns raised by environmental groups. Sen. Manchin successfully added a measure to accelerate the pipeline during debt ceiling negotiations, which raised questions about its legality. The recent stay issued by the 4th Circuit is related to a section of the pipeline that passes through the Jefferson National Forest and has raised concerns about potential erosion and damage to soil and water quality.

Wild Virginia, an environmental group opposing the pipeline, argues that the provision in the debt ceiling deal that attempts to strip jurisdiction from the 4th Circuit violates the separation-of-powers doctrine. They believe that the stay is necessary to prevent irreparable harm while the legal issues are being decided.

Equitrans maintains that the 4th Circuit’s decision goes against Congress’s intent to designate the U.S. Court of Appeals for the D.C. Circuit as the default appeals court for the lawsuit. However, the 4th Circuit has yet to weigh in on the Interior Department’s motion to dismiss request.

Potential Supreme Court Intervention

The Supreme Court’s “shadow docket” is typically reserved for emergency petitions requesting stays on lower court rulings. While the Mountain Valley Pipeline case may not fit the typical profile of cases heard on the shadow docket, the significant financial implications of the construction delay may make it a candidate for an emergency appeal.

ClearView Energy Partners, an independent research firm, suggests that the best-case scenario for the pipeline would be for the 4th Circuit to dismiss the cases as requested by the Justice Department and MVP. If not, they believe that the agencies and the project would have a good chance of securing a reversal on appeal at the Supreme Court, although this would result in a longer delay.

Overall, the fate of the Mountain Valley Pipeline now rests in the hands of the Supreme Court, which may decide to intervene and provide a resolution to the ongoing dispute.

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