Senator Joe Manchin of West Virginia has filed a legal brief with the Supreme Court, requesting the reinstatement of the Mountain Valley Pipeline (MVP). This action follows a recent stay issued by the 4th Circuit Court of Appeals halting the pipeline's construction, despite legislation passed in June intended to expedite the project.
The Fiscal Responsibility Act, signed into law by President Biden, included provisions granting approval for all outstanding MVP permits and transferring jurisdiction over legal challenges from the 4th Circuit to the D.C. Circuit Court of Appeals. Manchin, a key figure in the pipeline's approval, expressed his frustration with the 4th Circuit's continued interference, emphasizing the importance of respecting the new law.
Manchin's brief argues that the Fiscal Responsibility Act's provisions supersede previous statutes and render the 4th Circuit's legal challenges moot. He contends that the new law explicitly mandates the issuance and maintenance of necessary permits for the pipeline's completion, thus removing the 4th Circuit's authority to issue a stay. He expressed confidence in the Supreme Court's intervention to uphold the law and allow construction to proceed.
The Fiscal Responsibility Act's specific language grants the D.C. Circuit Court exclusive jurisdiction over any legal challenges to the MVP approval provision. The pipeline developer, Equitrans Midstream, has also petitioned the Supreme Court to vacate the 4th Circuit's stay, with the court setting a deadline for responses from environmental groups opposing the project.
According to Equitrans Midstream, the completed pipeline will transport substantial amounts of natural gas, generate significant tax revenue for both West Virginia and Virginia, and provide substantial royalties to West Virginia landowners.
