WASHINGTON (AP) — The Supreme Court will consider reinstating a permit that was tossed out by a lower court that would allow construction of a natural gas pipeline through two national forests, including parts of the Appalachian Trail. The justices said Friday they will hear appeals filed by energy companies that want to build the 605-mile Atlantic Coast Pipeline and the Trump administration, which initially approved the project.
The federal appeals court in Richmond, Virginia, ruled in December that the U.S. Forest Service has no power to authorize the crossing of the popular trail and had “abdicated its responsibility to preserve national forest resources” when it approved the pipeline crossing the George Washington and Monongahela National Forests, as well as a right-of-way across the Appalachian Trial.
Atlantic Coast Pipeline Statement: The Supreme Court’s acceptance of our petition is a very encouraging sign and provides a clear path forward to resolve this important issue. The law and the facts are on our side, and we’re supported by a broad coalition of stakeholders. The U.S. Solicitor General, 16 state Attorneys General and more than a dozen industry and labor organizations all agree that the U.S. Forest Service has the authority to approve our Appalachian Trail crossing.
More than 50 other pipelines cross underneath the Appalachian Trail without disturbing its public use. The public interest requires a clear process for the issuance and renewal of permits for such pipelines, and other essential infrastructure. The Atlantic Coast Pipeline should be no different. In fact, the pipeline will be installed more than 600 feet below the surface and more than a half-mile from each side of the Trail to avoid any impacts.
We look forward to making our case before the Supreme Court early next year and expect a final ruling by next June. We are confident in our arguments, and those of the Solicitor General, and are hopeful the Supreme Court will overturn the Fourth Circuit’s decision and uphold the longstanding precedent allowing pipeline crossings of the Appalachian Trail. We remain confident we can resolve the ACP’s other permitting issues to enable resumption of partial construction in a timely manner. A favorable resolution of the Appalachian Trail case will allow us to resume full construction by next summer and complete the project by late 2021.