Supreme Court clears Appalachian Trail crossing for Atlantic Coast pipeline

The Supreme Court ruled 7-2 June 15 that the US Forest Service properly exercised its authority under the Mineral Leasing Act of 1920 to grant a permit for the Atlantic Coast Pipeline to pass through a national forest beneath the Appalachian Trail.

The decision eliminated one of the larger hurdles to construction of the 600-mile natural gas pipeline, though by no means all legal challenges. The decision overturned one of several judgments by the US Court of Appeals for the Fourth Circuit, leaving the case pending before that appellate court.

The court ruled the Forest Service retained the right to issue a permit for constructing a pipeline horizontally through land about 600 ft beneath the Appalachian Trail. The National Trails System Act, governing the Appalachian Trail, allows a foot trail to be managed by the National Park Service but does not override Forest Service authority to issue a pipeline permit for land beneath the trail, the court decided.

The decision, written by Justice Clarence Thomas, called attention to Trails Act language saying, “Nothing contained in [the act] shall be deemed to transfer among Federal agencies any management responsibilities established under any other law for federally administered lands.”

“HUGE VICTORY for over one thousand West Virginia workers and many job producers. Today, the US Supreme Court sided with our Office and our 18 state coalition on the Atlantic Coast pipeline case,” tweeted Patrick Morrisey, West Virginia attorney general, in response to the decision.

Opposition remains

The Atlantic Coast Pipeline would be able to carry up to 1.5 bcf/d of natural gas from West Virginia to utilities and their customers in Virginia and North Carolina. It would provide fuel for electric power plants as well as gas sold directly to residential and business customers.

Dominion Energy Inc. has a large ownership stake in Atlantic Coast Pipeline LLC and would build and operate the line, which could cost $7.8 billion to construct, according to the utility. Other owners are Southern Co. and Duke Energy Corp., including Duke subsidiary Piedmont Natural Gas.

The case was US Forest Service v. Cowpasture River Preservation Association, consolidated with a parallel case by Atlantic Coast Pipeline LLC. The Sierra Club and several other environmental groups joined with Cowpasture in opposing approval of the pipeline.

Several other legal challenges remain pending. The Southern Environmental Law Center said the US Court of Appeals for the District of Columbia Circuit will soon consider arguments that the proposed pipeline is not needed. The group was referring to disagreement over the Federal Energy Regulatory Commission decision to grant a certificate of public convenience and necessity to the Atlantic Coast Pipeline.