Supreme Court wades into battle over Atlantic Coast Pipeline

WASHINGTON, D.C. (AP) – The U.S. Supreme Court is set to wade into a long-running battle between developers of a 605-mile (975-kilometer) natural gas pipeline and environmental groups who oppose the pipeline crossing the storied Appalachian Trail.

On Monday, the high court will hear arguments on a critical permit needed by developers of the Atlantic Coast Pipeline.

Backed by the Trump administration, project developers Dominion Energy and Duke Energy will ask the high court to overturn a lower court that threw out a permit for the pipeline to cross two national forests, including parts of the Appalachian Trail, the historic footpath that stretches from Georgia to Maine.

The question before the Supreme Court is whether the Forest Service has the authority to grant rights-of-way through lands crossed by the Appalachian Trail within national forests.

Lawyers for Dominion and U.S. Solicitor General Noel Francisco argue in legal briefs that the U.S. Forest Service has jurisdiction over land in the George Washington National Forest, where a 0.1-mile segment of the pipeline would cross about 700 feet (215 meters) beneath the Appalachian Trail.

But the Sierra Club and other environmental groups say that because the 2,200-mile (3,540-kilometer) scenic trail is considered a unit of the National Park System, no federal agency can grant a right-of-way for the pipeline. They say only Congress can approve such a crossing.

Dominion is asking the high court to reverse a 2018 ruling from the 4th U.S. Circuit Court of Appeals finding that the Forest Service did not have the statutory authority to approve the trail crossing.

Central to the case is the Mineral Leasing Act, a 1920 federal law that governs rights-of-way through federal land for oil and gas pipelines.

The 4th Circuit said that law allows rights-of-way for pipelines on federal land, except for land in the National Park System. The court found that the trail is considered a unit of the National Park System, so the Forest Service doesn’t have the authority to approve a right-of-way.

But Dominion and the federal government argue that the 1968 National Trails System Act, which designated the Appalachian Trail as a National Scenic Trail, did not transfer lands crossed by the trail to the National Park System. They say the Park Service is charged with overall administration of the trail, while the actual lands crossed by the trail within national forests remain under the jurisdiction of the Forest Service.

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Kassie Simmons
Kassie Simmons joined the team in January 2019 as a weekend journalist. She graduated from Virginia Tech in just two and a half years with a BA in multimedia journalism. During her short time at Virginia Tech, she served as the editor for the university’s chapter of The Tab. Kassie was named the top reporter for The Tab at Virginia Tech on multiple occasions and made the list for the top 30 reporters for The Tab in the U.S. She also studied theater performance and minored in creative writing. Before coming to WOAY, Kassie interned at WSLS in Roanoke and the Tidewater Review in her hometown of West Point, Va. She has loved following breaking news since her childhood and has a passion for delivering the stories people care most about. Kassie is excited to be working in Southern West Virginia and looks forward to all the adventures ahead of her. You can follow her on Twitter at @KassieLSimmons and like her page on Facebook. If you have a story you think she should check out, send her an email at ksimmons@woay.com.