The U.S. Supreme Court has ruled to allow the immediate resumption of the Mountain Valley Pipeline construction, affirming Congress’ powers over federal courts and hastening the pipeline’s completion.

The controversy: Over the past six years, various lower federal court decisions have delayed the 303-mile pipeline’s construction.
* The pipeline is set to run from northwestern West Virginia to southern Virginia.
* The Fourth Circuit Court of Appeals temporarily blocked the pipeline’s completion while reviewing Forest Service and Bureau of Land Management authorizations.

Legal leverage: A provision was included in last month’s debt ceiling bill that gave explicit congressional approval for the pipeline project and removed the courts’ ability to hear remaining challenges.
* This provision, “Section 234”, was insisted upon by Sen. Joe Manchin (D, W.Va.) in exchange for his support of the debt ceiling bill.
* Lawyers for the pipeline used this law to ask the Supreme Court to dismiss the litigation, arguing the Fourth Circuit Court no longer has power over the case.

The decision: The Supreme Court, in an unsigned order, agreed with the pipeline’s legal position, all but assuring the project’s completion.
* This is a setback for environmental groups like the Wilderness Society, who argued against the pipeline completion, referencing a 1871 precedent that Congress can dictate how federal court cases are dealt with, but it can’t direct their rulings.

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