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WEST VIRGINIA RECORD

Saturday, April 27, 2024

U.S. Supreme Court overturns Atlantic Coast decision

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CHARLESTON — West Virginia Attorney General Patrick Morrisey and U.S. Sen. Shelley Moore Capito praised a decision made by the U.S. Supreme Court to overturn a lower court's ruling with the Atlantic Coast Pipeline.

Morrisey, who led an 18-state coalition in the fight against the blockage, said the June 15 decision will help millions of workers.

"The Supreme Court’s decision will help put back to work thousands of men and women," Morrisey said. "The Supreme Court’s opinion overturns a devastating decision and will go a long way to building a stronger economy and tax base nationwide, especially in north central West Virginia."


Morrisey

Morrisey, a Republican, argued that the U.S. Court of Appeals for the Fourth Circuit's ruling would have transformed 1,000 miles of the Appalachian Trail into a near-impenetrable barrier to energy development — all to avoid a one-tenth mile crossing deep beneath the surface on a 600-mile pipeline.

He also argued that if the decision had been applied nationwide, it would have sealed off more than 11,000 miles of federal trails from development and potentially disrupted the national power grid because of the chilling effect it could have on infrastructure investment.

Capito (R-W.Va.) also applauded the Supreme Court's decision.

“Our country has experienced tremendous growth in energy production over the last several years, which presents a huge opportunity for West Virginia’s economy," Capito said. "The Supreme Court decision today is welcome news for American families, jobs, security, and the energy economy. This project will allow for the expanded supplies of natural gas for residential and commercial heating and electricity generation, which will provide affordable energy for residents and businesses while also spurring economic development."

Capito said beyond this one project, the decision is a landmark decision that overturns a disastrous Fourth Circuit decision that has regional and ultimately national implications.

"The Supreme Court has followed congressional intent in finding that the National Trail System, of which I am a strong advocate, is not to be a dragnet preventing construction of energy, electric, and transportation infrastructure around the country," Capito said. "West Virginia is energy-rich, and we should make it easier to use energy resources produced right here at home to meet demand across the country."

Capito said she worked with the administration and advocated strongly for the pipeline project and other natural gas pipelines because she knew the economic benefits they afford West Virginia.

"I’m glad to see the Supreme Court’s decision today and look forward to seeing the positive impact it will have on jobs, security, our energy economy, and economic development," Capito said.

The Empowerment Alliance, a relatively new non-profit that launched last year to promote natural gas, applauded the decision.

"The Supreme Court's decision today to reject the challenge to the Atlantic Coast Pipeline's federally granted permit is a win for the rule of law and win for Americans who want clean, low-cost, domestic natural gas," The Empowerment Alliance Spokesman Ian Prior said. "Natural gas is a major driver of a 21st-century economy in which America will be energy independent; the Court's decision today takes us one step closer to that reality."

Gov. Jim Justice also said the decision was best for West Virginians.

"This was absolutely the correct decision and it’s exciting beyond belief because it means we’ll be able to bring in thousands of jobs and countless opportunities for our hard-working West Virginians,” Justice said. “Not to mention, the multiplier effect that the increase in natural gas production will give our entire state is off the charts.”

Justice commended Morrisey's work in the case.

"We thank Attorney General Morrisey for all of his great work and I again thank the Supreme Court for doing the right thing,” Justice said. “At the end of the day, this decision is going to result in all kinds of goodness, not only for West Virginia but also for Virginia and North Carolina and people in lots of different places all across our country."

West Virginia Chamber of Commerce President Steve Roberts said the decision was a big win for economic development and energy security.

"The West Virginia Chamber of Commerce applauds the decision of the U.S. Supreme Court and is looking forward to the construction of the Atlantic Coast Pipeline," Roberts said. 

Robert also said the decision clears the way for construction to resume on the pipeline.

"We have many hardworking West Virginians who are eager to get back to work on this vital project," Roberts said. "This decision leads to good incomes for these workers, and helps advance the cause of securing our country's energy security."

The pipeline was set to run through part of the George Washington National Forest for 0.1 miles about 600 feet below the Appalachian Trail and environmental groups argued that no one could grant a right-of-way for the pipeline except Congress because the entire Appalachian Trail was considered one unit of the National Park System.

Because of the delay, the project is now three years behind schedule. In the 7-2 decision, Justices Sonia Sotomayor and Elena Kagan dissented. Justice Clarence Thomas noted in the opinion that the Forest Service had the authority to issue the permit in this case.

The pipeline will transport natural gas through five of West Virginia's counties on its way to Virginia and North Carolina when it is completed. When the construction was halted, it caused at least 1,500 jobs to end.

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