10/21/2024
The 4th U.S. Circuit Court of Appeals ruled at least eight times that the pipeline didn’t follow the law. The court found that federal and state agencies had awarded the Mountain Valley Pipeline permits despite violations and those same agencies bent or rewrote their own rules to advance the project. The developers were not able to comply with rules protecting endangered species, public forests and fragile water crossings.
Then Sen. Joe Manchin stepped in.
In a deal with the Biden administration, Manchin promised his vote for a major climate change bill in exchange for the White House’s agreement to acquire the remaining permits the pipeline still needed. And through a provision in an emergency bill to keep the government from shutting down in June 2023, Manchin got what he asked for.
The provision said that Congress declared that the completion of the pipeline was required in the national interest, and, therefore:
Congress hereby ratifies and approves all authorizations, permits, verifications, extensions, biological opinions, incidental take statements, and any other approvals or orders issued pursuant to Federal law necessary for the construction and initial operation at full capacity of the Mountain Valley Pipeline
The last-minute addition to the bill guaranteed the remaining approvals needed to complete the pipeline as well as stripped the authority of all courts to consider any legal actions against the project. It also granted the D.C. Circuit Court of Appeals sole judiciary authority over whether the provision was constitutional.
Congress fast-tracked permits for the MVP and stripped authority from the courts. The pipeline’s opponents are still wrestling with the deal
