Federal Appeals Court Dismisses Construction Permit Challenge for Controversial Gas Pipeline: Latest Updates

2023-08-14 22:25:20

A federal appeals court has granted a motion to dismiss a construction permit challenge for a controversial natural gas pipeline in Virginia and West Virginia. The Fourth Court of Appeals for the US Circuit in Richmond, Virginia, agreed with lawyers for Mountain Valley Pipeline and dismissed challenges raised by environmental groups that raised concerns regarding the project’s impact on endangered species, erosion and sedimentation of streams.

Last month, the US Supreme Court allowed construction to resume following being previously blocked by the Fourth Circuit. Congress had ordered the bill through as part of a bipartisan bill to increase the debt limit, which was signed into law in June by President Joe Biden.

Lawyers representing the company that built the 300-mile pipeline argued that Congress had the right to remove Fourth Circuit jurisdiction over the case. They also argued that any debate over the law’s constitutionality should be heard by an appeals court in Washington, as set out in legislation passed by Congress.

Appeals Judge James Wynn wrote that with the new legislation in their favor, federal agencies and Mountain Valley Pipeline had moved to dismiss the applications and their motions should be granted.

The $6.6 billion Mountain Valley Pipeline project aims to meet growing energy demands in the Southern and Mid-Atlantic regions by transporting gas from the Marcellus and Utica fields in Pennsylvania and Ohio.

Environmental groups have strongly opposed the project, arguing that it is dangerous and destructive. They claimed that the project did not obtain federal approvals that would withstand legal scrutiny until Congress intervened.

Despite this decision, the efforts of environmental organizations to protect affected communities will continue.

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