Nicole Welle | June 18, 2020
The Supreme Court ruled Monday in favor of a pipeline company by saying that a new natural gas pipeline could cross underneath the Appalachian trail on federal land.
The 600-mile pipeline is being developed by Duke Energy and Dominion energy and would run from West Virginia to population centers in Virginia and North Carolina. The 7-2 Supreme Court ruling overturned part of a lower court decision that blocked construction of the pipeline, and the case revolved around the question of which federal agency, if any, had the authority to grant the permit for the Atlantic Coast Pipeline, according to an Iowa Public Radio article.
The U.S. Forest Service initially granted the permit in 2018 since they administer George Washington National Forest where the pipeline would cross the trail. However, a number of environmental groups raised concerns over the agency’s authority to do so. They believe that because the Appalachian trail is part of the National Park System, rules that govern National Park lands should apply instead.
There are also a number of environmental concerns associated with the construction of the pipeline. However, the Supreme Court noted that the pipeline would run hundreds of feet underground and entry and exit points are nowhere near the trail when making their decision. The winning argument centered on the interpretation of certain words in various federal laws and succeeded in disentangling the trail from the land beneath it. This will allow construction of the pipeline to proceed under the permit granted by the Forest Service.