CHARLESTON — West Virginia Attorney General Patrick Morrisey celebrated the decision by the U.S. Supreme Court to overturn a hold on the construction of the Mountain Valley Pipeline.
Morrisey said the pipeline was critical for West Virginia and the U.S.
"I am pleased the Supreme Court recognized the importance of this project not only for West Virginia but for the nation," Morrisey said. "The Mountain Valley Pipeline is vital to the survival of American energy independence and affects thousands of jobs in West Virginia—its completion is also critical to our national security, the urgent need is for it to be completed as soon as possible."
The Supreme Court decision vacated the order that came down from the U.S. Court of Appeals for the Fourth Circuit, an order that had stopped the pipeline construction of a 3.5-mile stretch in the Jefferson National Forest in Virginia, as well as several stream crossings in West Virginia.
U.S. Senator Shelley Moore Capito (R-W.Va.), who is a member of the Environment and Public Works Committee, called the decision a win for West Virginia.
"All necessary permits have been issued and approved, we passed bipartisan legislation in Congress, the president signed that legislation into law, and now the Supreme Court has spoken: construction on the Mountain Valley Pipeline can finally resume, which is a major win for American energy and American jobs," Capito said.
Earlier this month, Capito, along with U.S. Reps. Carol Miller (R-W.Va.-01), Alex Mooney (R-W.Va.-02), U.S. Rep. Guy Reschenthaler (R-Pa.-14) and five other members of Congress filed an amicus brief to the U.S. Supreme Court in support of the Mountain Valley Pipeline’s completion and against activist attempts to block its construction.
Morrisey filed an amicus brief in support of the completion of the pipeline earlier this week, too. U.S. Sen. Joe Manchin (D-W.Va.) also filed a similar brief last week.
The pipeline begins from the gas fields in northwestern West Virginia and then heads into interstate connections in Virginia—the Atlantic Coast region.
Morrisey urged in his amicus brief that the Supreme Court needed to uphold the intent of the law, which he said was crystal clear.
"It’s well within Congress’s power to approve the permits and direct all the challenges to the Act to the D.C. Circuit," Morrisey said earlier this week. "Non-completion denies West Virginia the plethora of much needed economic benefits."
The pipeline is expected to provide an additional $45 million in annual tax revenue to West Virginia and Virginia and have a delivery capacity of 2 billion cubic feet per day of natural gas, according to America First Policy Institute.
Previously, 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 previously 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's separation of powers by intervening in the matter. The 4th Circuit stay was issued to give time to look into those matters.
