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U.S. Supreme Court to decide winner in case of gas pipeline vs. Appalachian Trail
Virginia Politics
U.S. Supreme Court to decide winner in case of gas pipeline vs. Appalachian Trail
By Gregory S. Schneider and Robert Barnes
Feb. 23, 2020 at 12:17 p.m. EST
NEAR WINTERGREEN, Va. — The Appalachian Trail is barely a footpath at some points on this mountain ridge, marked mainly by white patches on trees. But the humble walkway has become a major barrier to an $8 billion natural gas pipeline. On Monday, the U.S. Supreme Court will consider which one should prevail.
The Atlantic Coast Pipeline begins in West Virginia and is planned to cross some of the most mountainous scenery in central Virginia before completing its 600-mile path in North Carolina.
Work in Virginia has been halted for more than a year as the builders contend with a host of setbacks handed down by federal courts. None is more crucial than the question of whether the U.S. Forest Service has authority to grant the pipeline right of way under the Appalachian Trail in the George Washington National Forest.
Judges from the U.S. Court of Appeals for the 4th Circuit threw out a Forest Service permit in December 2018, saying federal law prohibits any agency from allowing a pipeline on “lands in the National Park System.” That includes the trail, the judges said.
The pipeline’s builders, led by Dominion Energy, appealed to the high court, saying the ruling could create an impenetrable wall along the trail’s course from Georgia to Maine.
“Simply put, there is no basis in any federal statute to conclude that Congress intended to convert the Appalachian Trail into a 2,200-mile barrier separating critical natural resources from the eastern seaboard,” lawyer Paul Clement wrote in a brief on behalf of the pipeline.
The plaintiffs note that pipelines already cross the trail at 34 locations.
{snip}
The consolidated cases the Supreme Court will hear Monday are U.S. Forest Service v. Cowpasture River Assn. and Atlantic Coast Pipeline LLC v. Cowpasture River Assn.
Gregory S. Schneider
Greg Schneider covers Virginia from the Richmond bureau. He was The Washington Post's business editor for more than seven years, and before that served stints as deputy business editor, national security editor and technology editor. He has also covered aviation security, the auto industry and the defense industry for The Post. Follow https://twitter.com/SchneiderG
Robert Barnes
Robert Barnes has been a Washington Post reporter and editor since 1987. He joined The Post to cover Maryland politics, and he has served in various editing positions, including metropolitan editor and national political editor. He has covered the Supreme Court since November 2006. Follow https://twitter.com/scotusreporter
U.S. Supreme Court to decide winner in case of gas pipeline vs. Appalachian Trail
By Gregory S. Schneider and Robert Barnes
Feb. 23, 2020 at 12:17 p.m. EST
NEAR WINTERGREEN, Va. — The Appalachian Trail is barely a footpath at some points on this mountain ridge, marked mainly by white patches on trees. But the humble walkway has become a major barrier to an $8 billion natural gas pipeline. On Monday, the U.S. Supreme Court will consider which one should prevail.
The Atlantic Coast Pipeline begins in West Virginia and is planned to cross some of the most mountainous scenery in central Virginia before completing its 600-mile path in North Carolina.
Work in Virginia has been halted for more than a year as the builders contend with a host of setbacks handed down by federal courts. None is more crucial than the question of whether the U.S. Forest Service has authority to grant the pipeline right of way under the Appalachian Trail in the George Washington National Forest.
Judges from the U.S. Court of Appeals for the 4th Circuit threw out a Forest Service permit in December 2018, saying federal law prohibits any agency from allowing a pipeline on “lands in the National Park System.” That includes the trail, the judges said.
The pipeline’s builders, led by Dominion Energy, appealed to the high court, saying the ruling could create an impenetrable wall along the trail’s course from Georgia to Maine.
“Simply put, there is no basis in any federal statute to conclude that Congress intended to convert the Appalachian Trail into a 2,200-mile barrier separating critical natural resources from the eastern seaboard,” lawyer Paul Clement wrote in a brief on behalf of the pipeline.
The plaintiffs note that pipelines already cross the trail at 34 locations.
{snip}
The consolidated cases the Supreme Court will hear Monday are U.S. Forest Service v. Cowpasture River Assn. and Atlantic Coast Pipeline LLC v. Cowpasture River Assn.
Gregory S. Schneider
Greg Schneider covers Virginia from the Richmond bureau. He was The Washington Post's business editor for more than seven years, and before that served stints as deputy business editor, national security editor and technology editor. He has also covered aviation security, the auto industry and the defense industry for The Post. Follow https://twitter.com/SchneiderG
Robert Barnes
Robert Barnes has been a Washington Post reporter and editor since 1987. He joined The Post to cover Maryland politics, and he has served in various editing positions, including metropolitan editor and national political editor. He has covered the Supreme Court since November 2006. Follow https://twitter.com/scotusreporter
