High court gets pipeline case
Project seeks permit to carry natural gas through forests
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.