First, a district court ruled that a U.S. Army Corps of Engineers permit authorizing the Keystone XL pipeline was improper and invalidated all other all projects using the same type of permit. Then, the Ninth Circuit Court of Appeals upheld that roguish ruling.
West Virginia Attorney General Patrick Morrisey and 16 of his peers cried foul and petitioned the U.S. Supreme Court to stay the order that halted construction of the Atlantic Coast Pipeline.
“The lower court transformed a case challenging application of a permit on one pipeline project into a nationwide injunction affecting new oil and gas pipelines in every state, including West Virginia,” Morrisey protested.
Morrisey and his coalition of state AGs won a stay from the U.S. Supreme Court in July. Last week, the group filed a brief asking the Ninth Circuit to overturn the lower court decision.
“Such overreach by a federal district judge cannot stand,” Morrisey said. “Aside from the ruling being overly broad and deeply flawed as a matter of fairness and court procedure, it presents serious consequences for our national economy and causes unnecessary instability and disruption for the dedicated pipeliners of West Virginia, as well as those who depend upon their success.”
Construction of the Atlantic Coast Pipeline was halted one day before the Supreme Court’s stay. If the project is not resumed, West Virginia alone could lose more than 1,500 jobs.
The deleterious effect on our state’s economy, the economies of other states, and our national economy would be enormous, all because of a capricious ruling by a vainglorious judge.
It’s way past time for readjustment of the checks and balances that make our federal government work when they’re properly maintained. The judicial branch has usurped too much of the powers of the legislative and executive branches over the last several decades and must be persuaded or compelled to relinquish them.
All three branches need to be reminded that we the people are the ones ultimately in charge of our country, and that they work for us.
