Supreme Court Clears Way for Construction to Resume on Mountain Valley Pipeline

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.