Congress passes bill approving Mountain Valley Pipeline

The Senate passed a bill June 1 to raise the federal debt ceiling and, as part of a negotiated compromise, to approve all permitting for the Mountain Valley Pipeline and to streamline some of the regulatory procedures of the National Environmental Policy Act (NEPA).

The bill, called the Fiscal Responsibility Act of 2023, was sent to President Biden, who had promised to sign it.

Congress worked unusually fast out of fear of severe economic consequences if the federal government were to begin defaulting on its debts. Treasury Secretary Janet Yellen had said the government would be unable to pay all of its bills if the debt ceiling were not raised by June 5.

The House passed the bill May 31 on a 314-117 vote, with large majorities in both parties approving. The Senate passed the bill on a 63-36 vote, also bipartisan, though many Republicans did vote against it, presumably to protest the growing federal debt.

The American Gas Association (AGA) issued a statement welcoming the NEPA amendments but describing them as only first steps. “This legislation will start the process towards true permitting reform, but there is still work to be done,” said AGA president Karen Harbert.

The legislation clears the way for completion of the Mountain Valley Pipeline, an Equitrans Midstream Corp. project that has been stalled for years by court decisions. It is designed as a 303-mile, 42-in. OD line with a capacity to transmit 2 bcfd of natural gas to interconnections serving Eastern US markets.

The bill approves all regulatory authorizations for the construction and initial operation of the line. No court shall have jurisdiction to review the regulatory approvals, the bill says (OGJ Online, May 30, 2023).

The bill amends NEPA to require environmental assessments be completed in 1 year and 75 pages. An environmental impact statement will need to be completed in 2 years and 150 pages, or in 300 pages for projects of extraordinary complexity. The time periods allowed would only start after a project sponsor completes an adequate right-of-way application. No federal environmental analyses will be needed for permits if those permits are not considered major federal actions.

The energy provisions troubled some senators.

“This profoundly undermines the integrity of our judiciary,” Sen. Jeff Merkley (D-Ore.) said, arguing that fossil fuels are leading us to “climate catastrophe.” He said the NEPA changes “will allow fossil fuel companies to evade responsibility and accountability.”

Sen. Bernie Sanders (I-Vt.) issued a statement saying, “At a time when climate change is, by far, the most existential threat facing our country and the entire world I cannot, in good conscience, vote for a bill that makes it easier for fossil fuel companies to pollute and destroy the planet by fast-tracking the disastrous Mountain Valley Pipeline.”