WASHINGTON – West Virginia’s three Republican representatives in Washington joined six other GOP lawmakers in filing an amicus brief with the U.S. Supreme Court to support completion of the Mountain Valley Pipeline and to stop activist attempts to block its construction.
U.S. Sen. Shelley Moore Capito and U.S. Reps. Carol Miller and Alex Mooney joined representatives from Ohio, Pennsylvania and South Carolina on the brief that was dated July 19.
U.S. Sen. Joe Manchin (D-W.Va.) filed a similar brief earlier this week.
Last week, the 4th U.S. Circuit Court of Appeals again halted construction of the 303-mile pipeline that is almost 95% complete, despite legislative and executive support of the project with the passage of the Fiscal Responsibility Act of 2023. The Federal Energy Regulatory Commission approved the resumption of construction earlier this month as well.
MVP construction temporarily stopped with the 4th Circuit ruling. Developers then filed a request for an emergency intervention with Chief Justice John Roberts.
“By filing this amicus brief, my colleagues and I are speaking directly to the Supreme Court, urging them to uphold the clear intent of the language we included in the bipartisan Fiscal Responsibility Act, which was passed by Congress and signed into law by President Biden,” Capito said. “Unfortunately, activist judges on the Fourth Circuit and radical environmental groups will stop at nothing to delay the Mountain Valley Pipeline, and it’s necessary to once again fight for the completion of this critical, job-creating energy project.
Miller agreed.
“Because of the bipartisan Fiscal Responsibility Act, the Mountain Valley Pipeline will be completed,” she said. “The Fourth Circuit no longer has any jurisdiction over the Mountain Valley Pipeline, and Republicans are fighting back.
“While it is unfortunate that this amicus brief and case are necessary, I look forward to the Supreme Court coming to a swift decision confirming Congress’ intent to increase domestic energy production, particularly in West Virginia. I continue to encourage the parties involved with construction of the Mountain Valley Pipeline to ignore the fourth circuit and complete production as scheduled.”
Mooney said the Supreme Court needs to recognize Congress already has resolved the issue.
“Liberal activist lawsuits and bureaucratic red tape have long held up the Mountain Valley Pipeline, despite the project already clearing several agency permitting hurdles,” he said. “Congress was clear when it said that judicial review of the Mountain Valley Pipeline was over. This pipeline is as much about West Virginia jobs as it is about American energy independence.”
Environmental group The Wilderness Society has filed two lawsuits claiming multiple environmental violations and arguing permits for the project were flawed. The group also maintains Congress has violated the U.S. Constitution separation of powers by intervening in the matter. The 4th Circuit stay was issued to give time to look into those matters.
But pipeline developers then asked Roberts to vacate the 4th Circuit stay. He asked the environmental groups to file a response by July 25.
Still, the 4th Circuit has scheduled oral arguments in the cases for July 27 in Richmond.
U.S. Supreme Court case number 23A35