Arkansas Democrat-Gazette

High court gets pipeline case

Project seeks permit to carry natural gas through forests

- DENISE LAVOIE, SARAH RANKIN AND ALAN SUDERMAN

RICHMOND, Va. — The 605-mile Atlantic Coast Pipeline project is headed to the U.S. Supreme Court for a hearing Monday on a critical permit.

The plans for the pipeline were first unveiled in 2014 to bring natural gas from West Virginia to growing markets in Virginia and North Carolina, and with it, would come economic developmen­t, thousands of jobs and reduced energy costs for consumers, supporters said.

Terry McAuliffe, then governor of Virginia, called it a “win-win, ”saying it would be good for the environmen­t, too, because it would help speed up the closing of aging coal plants.

Since then, the project has faced one setback after another, with legal challenges brought by environmen­tal groups — prompting the dismissal or suspension of eight permits and halting constructi­on for more than a year.

Now, three years behind schedule, the project has a price tag that has nearly doubled to $8 billion.

Backed by President Donald Trump’s administra­tion, the project developers — Dominion Energy and Duke Energy — will ask the high court to reverse a federal appeals court ruling that threw out a permit needed for the pipeline to cross two national forests, including parts of the Appalachia­n Trail, the footpath that stretches from Georgia to Maine.

In its ruling, a three-judge panel of the Richmond-based 4th U.S. Circuit Court of Appeals sharply criticized the U.S. Forest Service for granting a special-use permit to build the pipeline through parts of the George Washington and Monongahel­a national forests, and to cross the Appalachia­n Trail.

The court found that the Forest Service did not have the statutory authority to approve the trail crossing and said the agency had “abdicated its responsibi­lity to preserve national forest resources.”

The question before the Supreme Court is whether the Forest Service has authority to grant rights-of-way for gas pipelines through lands crossed by the Appalachia­n Trail within national forests.

The project developers, joined by U.S. Solicitor General Noel Francisco, say the answer is yes, arguing the Forest Service is the agency that holds jurisdicti­on over land in the George Washington National Forest. But the environmen­tal groups say the answer is no because the 2,200-mile scenic trail is considered a unit of the National Park System and only Congress can approve such a crossing.

Under plans for the project, a 0.1-mile segment of the pipeline would cross about 700 feet beneath the Appalachia­n Trail.

That tiny segment is a key component of the pipeline project’s route.

“It’s important because Dominion has really bet its project on this crossing point,” said Greg Buppert, a senior attorney with the Southern Environmen­tal Law Center, which sued on behalf of the Sierra Club and other environmen­tal groups.

Dominion spokeswoma­n Ann Nallo said the company chose that crossing point after consulting with federal agencies to determine the best route for the pipeline.

“Part of the determinat­ion involved the impact on the environmen­t,” Nallo said.

In its ruling, the 4th Circuit found that the Forest Service had “serious environmen­tal concerns” about the project that were “suddenly, and mysterious­ly, assuaged in time to meet a private pipeline company’s deadlines.”

Environmen­tal groups say the pipeline would scar pristine landscapes, put numerous rivers and streams at risk of increased sedimentat­ion and harm sensitive species.

The stakes are high for lead developer Dominion, a dominant corporate power in Virginia. U.S. Attorney General Bill Barr spent a decade on the company’s board before joining the Trump administra­tion.

Dominion has some heavy-hitters on its side, with support from 18 state attorneys general, more than 60 members of Congress, trade associatio­ns and labor unions.

A host of environmen­talists, land owners and communitie­s along the pipeline route have urged the Supreme Court to uphold the 4th Circuit’s ruling.

Dominion says the pipeline will bring a critical new gas supply to Virginia and North Carolina to support the shift away from coal and toward intermitte­nt natural resources like solar. The company also says greater availabili­ty of natural gas will attract manufactur­ing businesses.

Under plans for the project, a 0.1-mile segment of the pipeline would cross about 700 feet beneath the Appalachia­n Trail.

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