Equitrans Takes MVP Battle to the Supreme Court

Even an “Act of Congress” may not be enough to keep the Mountain Valley Pipeline out of trouble. The long-stalled natural gas takeaway project in Appalachia briefly appeared to be unfettered from regulatory and legal shackles after Congress rolled an MVP mandate into the debt-ceiling bill — the Fiscal Responsibility Act (FRA) of 2023. With the MVP provision, Congress effectively approved all required permits for the greenfield project without judicial review in a bid to fast-track the completion and initial startup of the pipeline. The FRA, which President Biden signed into law on June 3, appeared to instantly clear MVP’s path. But that reprieve didn’t last long. Earlier this week, the U.S. Fourth Circuit Court of Appeals once again halted construction of the project, seemingly in defiance of the FRA, setting the stage for a fight at the Supreme Court. In today’s RBN blog, we break down the latest developments and how they impact MVP’s prospects.

The recent drama related to the U.S. debt ceiling may have illustrated the chaos that polarization has brought to Washington, but it showed one other thing as well: there’s an appetite for federal permitting reform from Democrats and Republicans alike. The Fiscal Responsibility Act (FRA), signed into law Saturday by President Biden, addressed some immediate priorities — including changes to the review process under the National Environmental Policy Act (NEPA) — but its mandate to expedite completion of the long-delayed Mountain Valley Pipeline (MVP) caught many of the project’s supporters and critics by surprise. In today’s RBN blog, we look at the permitting issues that have kept MVP in regulatory limbo and how the FRA is designed to overcome them and bring the project back to life.

With the Mountain Valley Pipeline (MVP) project clearing some major legal hurdles in recent weeks and construction resuming, it’s become increasingly likely that Appalachian gas producers will soon have 2 Bcf/d of new takeaway capacity, potentially as early as late 2023. However, the degree to which the pipeline will translate into higher production from the supply basin and improved supply access for the gas-thirsty, premium markets in the Southeast will largely depend on the availability of transportation capacity downstream of MVP. As such, the race is on to expand pipeline capacity from the pipe’s termination point at Williams’s Transco Pipeline Station 165 in southern Virginia, not only to deal with the impending influx of supply from MVP but also to move that gas to growing demand centers in Virginia and the Carolinas. MVP’s lead developer, Equitrans Midstream, is hoping to build an extension to the mainline — the MVP Southgate project — while Transco has designs of its own for capturing downstream customers. In today’s RBN blog, we provide an update on MVP and the various expansion projects in the works to move newly available supply to market.