Justices revive pipeline permit

WASHINGTON — The Supreme Court on Monday paved the way for a critical permit for a proposed natural gas pipeline that would cross under the Appalachian Trail, siding with energy companies and the Trump administration.

The justices ruled 7-2 to reverse a lower court ruling that had thrown out the permit for the Atlantic Coast Pipeline. It would move natural gas from West Virginia to growing markets in Virginia and North Carolina. Its supporters say the pipeline would bring economic development, thousands of jobs and reduced energy costs for consumers.

Justice Clarence Thomas wrote for a majority of the court that the “Forest Service had the authority to issue the permit here.” Justices Sonia Sotomayor and Elena Kagan dissented.

Other legal issues remain before construction of the pipeline could begin. The narrow question before the Supreme Court was whether the U.S. Forest Service has the authority to grant rights-of-way through lands crossed by the Appalachian Trail within national forests, as project developers Dominion Energy and Duke Energy and the Trump administration argued.

The pipeline would run in part through the George Washington National Forest, where a 0.1-mile segment of the pipeline would cross about 600 feet beneath the Appalachian Trail.

Atlantic Coast Pipeline spokeswoman Ann Nallo said in a statement that the decision is an “affirmation for the Atlantic Coast Pipeline and communities across our region that are depending on it for jobs, economic growth and clean energy” and that they “look forward to resolving the remaining project permits.”

The Sierra Club and other environmental groups had argued that because the 2,200-mile scenic trail from Georgia to Maine is considered a unit of the National Park System, no federal agency can grant a right of way for the pipeline. They say only Congress can approve such a crossing.