Mountain Valley Pipeline Politicos Talk A Good Game, But…
Jim Willis on NGL Pipelines
Editor & Publisher, Marcellus Drilling News (MDN)
[Editor’s Note: The politicos supporting the Mountain Valley Pipeline are talking a good game but only impeachment of tyrant judges will do if they want to end the nonsense.]
On Tuesday, U.S. Senator Joe Manchin (liberal Democrat from West Virginia) filed an amicus curiae “friend of the court” brief with the U.S. Supreme Court to show his support for Mountain Valley Pipeline (MVP) in its fight against the actions of the U.S. Court of Appeals for the Fourth Circuit (see WV Sen. Joe Manchin Files Friend of Court Brief to Support MVP). It looks like old Joe jumped the gun. A day later, nine other members of Congress, including the other U.S. Senator from WV, Shelley Moore Capito, and both of WV’s members of the U.S. House, Carol Miller and Alex Mooney (all Republicans), filed a joint amicus curiae. Why didn’t Manchin wait and join his colleagues?
The stark ugly headquarters of the rogue judges of the 4th Circuit Court of Appeals in Richmond, Virginia. The building veritably inspires tyranny of the sort seen with respect to the Mountain Valley Pipeline.
Last Friday, MVP filed an emergency application to vacate the stays of the 4th Circuit that are blocking the completion of the MVP pipeline project this year (see MVP Asks Supreme Court Chief Justice to Overturn 4th Circuit Stay).
The Fiscal Responsibility Act (FRA) of 2023, signed into law on June 3 by President Biden, specifically removes legal jurisdiction for MVP from all courts except the U.S. Court of Appeals for the District of Columbia (D.C. Circuit). Yet the 4th Circuit recently blocked two key permits, and by extension, is blocking all construction of MVP–an action rendered illegal by the FRA.
MVP asked the Supreme Court (Chief Justice John Roberts) in an emergency request to “stay the stays” of the 4th Circuit, allowing the pipeline to restart construction. Manchin, instead of waiting, filed an amicus curiae to support MVP on his own. A day later, nine other members of Congress filed a joint amicus curiae:
Nine lawmakers filed an amicus brief with the U.S. Supreme Court Wednesday in an attempt to restart construction on the long-delayed Mountain Valley Pipeline project.
U.S. Senator Shelley Moore Capito, R-W.Va., U.S. Rep. Carol Miller, R-W.Va., and U.S. Rep. Alex Mooney, R-W.Va., announced Wednesday they were joining six other members of Congress in filing an amicus brief to the U.S. Supreme Court in support of the Mountain Valley Pipeline’s completion and against attempts by environmentalists to block its construction.
The lawmakers are seeking to vacate the latest stay issued against the pipeline by the 4th Circuit Court of Appeals in Richmond, Va. The court issued the stay earlier this month despite bipartisan legislation passed by Congress, and signed into law by President Joe Biden, that ratified and approved all necessary permits for the Mountain Valley Pipeline in order for construction to resume. The law also stripped the 4th Circuit from jurisdiction over the case. But the court still issued a stay — despite the new law — with environmentalists arguing that Congress overstepped its boundaries.
Capito, Miller and Mooney were joined by U.S. Rep. Guy Reschenthaler, R-Pa., U.S. Rep. Jeff Duncan, R-S.C, U.S. Rep. Bill Johnson, R-Ohio, U.S. Rep. John Joyce, R-Pa., U.S. Rep. Mike Kelly, R-Pa. and U.S. Rep. Dan Meuser, R-Pa. in the amicus brief filing.
West Virginia Gov. Jim Justice, also a Republican, announced Wednesday that he too will be filing an amicus brief in the case to restart the Mountain Valley Pipeline construction.
“Absolutely when it comes to natural gas of all things, we ought to be promoting it,” Justice said during his weekly administrative briefing Wednesday. “We have an abundance (of natural gas) beyond belief, and we should absolutely be running with that ball. It is absolutely beyond belief to have our pipeline shut down.”
U.S. Senator Joe Manchin, D-W.Va., also filed an amicus brief in the case with the U.S. Supreme Court Tuesday.
Capito, ranking member of the Senate Environment and Public Works Committee, said the Republican lawmakers are asking the U.S. Supreme Court to allow for resumption of construction on the pipeline, which extends through both West Virginia and Virginia.
“By filing this amicus brief, my colleagues and I are speaking directly to the Supreme Court, urging them to uphold the clear intent of the language we included in the bipartisan Fiscal Responsibility Act, which was passed by Congress and signed into law by President Biden,” Capito said. “Unfortunately, activist judges on the Fourth Circuit and radical environmental groups will stop at nothing to delay the Mountain Valley Pipeline, and it’s necessary to once again fight for the completion of this critical, job-creating energy project.”
“Because of the bipartisan Fiscal Responsibility Act, the Mountain Valley Pipeline will be completed. The Fourth Circuit no longer has any jurisdiction over the Mountain Valley Pipeline and Republicans are fighting back,” Miller added. “While it is unfortunate that this amicus brief and case are necessary, I look forward to the Supreme Court coming to a swift decision confirming Congress’ intent to increase domestic energy production, particularly in West Virginia. I continue to encourage the parties involved with construction of the Mountain Valley Pipeline to ignore the fourth circuit and complete production as scheduled.”
“Liberal activist lawsuits and bureaucratic red tape have long held up the Mountain Valley Pipeline, despite the project already clearing several agency permitting hurdles,” Mooney said. “Congress was clear when it said that judicial review of the Mountain Valley Pipeline was over. This pipeline is as much about West Virginia jobs as it is about American energy independence. The Supreme Court should recognize that Congress already resolved this matter.”
The 303-mile, 42-inch diameter pipeline that will carry natural gas from north central West Virginia to Chatham, Va., was slated to be finished by late 2018 at a cost of about $3.2 billion. But protests and federal permitting court cases have delayed the project and increased its cost to about $6.5 billion.
One unfinished section of the project is a 3.5-mile stretch through the Jefferson National Forest across Peters Mountain in Monroe County into Giles County.
U.S. Rep. Mike Kelly (from Pennsylvania) issued this press release to announce the joint amicus curiaesupporting MVP, which includes the balance of the WV Congressional delegation:
On Wednesday, U.S. Rep. Mike Kelly (R-PA), Chief Deputy Whip Guy Reschenthaler (R-PA), U.S. Senator Shelley Capito (R-WV), and congressional colleagues filed an amicus brief to the U.S. Supreme Court in support of the Mountain Valley Pipeline’s completion.
On July 11, 2023, the U.S. Court of Appeals for the Fourth Circuit again halted construction of the 303-mile pipeline, which is nearly 95 percent complete, despite Congress and the President’s explicit approval of the project through the passage of the Fiscal Responsibility Act of 2023. The Federal Energy Regulatory Commission green-lighted the construction on July 9, 2023.
If completed, this pipeline will help reduce energy costs for hardworking Americans in South Carolina, North Carolina, and Virginia. It will also stimulate the economies of Pennsylvania, Ohio, and West Virginia with thousands of construction jobs, millions in royalties to landowners (including $150 million per year for Pennsylvania), and direct investments into rural communities.
U.S. Representatives Jeff Duncan (R-SC), Bill Johnson (R-OH), John Joyce, M.D. (R-PA), Dan Meuser (R-PA), Carol Miller (R-WV), and Alex Mooney (R-WV) joined Reps. Kelly and Reschenthaler and Sen. Capito in this effort.
Representative Kelly said: “The Mountain Valley Pipeline is already more than 90% complete. Not only will this ruling set this project back, but it will create a bigger burden on both natural gas producers and American families alike,” Rep. Kelly said. “I’m proud to sign onto this amicus brief and to fight for American energy independence because the Biden administration has created so many burdensome regulations on our domestic energy production during its first two and a half years in office. Soaring energy costs have driven prices up and devalued the hard-earned dollar. The Mountain Valley Pipeline will allow for more natural gas to flow through the United States, ultimately lowering energy costs for families and businesses.”
Chief Deputy Whip Reschenthaler said: “The Fourth Circuit judges are not supreme rulers and lawful orders issued by the legislative and executive branches must be followed. Congress was well within its power to restart the Mountain Valley Pipeline construction and usher in a new era of energy independence for the region. Instead of halting the pipeline, I urge the Supreme Court to plug up the ludicrous activism seeping out of the lower court so American families can enjoy lower energy costs, substantial land royalties, and most importantly – law and order in America.”
Senator Capito said: “By filing this amicus brief, my colleagues and I are speaking directly to the Supreme Court, urging them to uphold the clear intent of the language we included in the bipartisan Fiscal Responsibility Act, which was passed by Congress and signed into law by President Biden. Unfortunately, activist judges on the Fourth Circuit and radical environmental groups will stop at nothing to delay the Mountain Valley Pipeline, and it’s necessary to once again fight for the completion of this critical, job-creating energy project.”
Representative Duncan said: “The Mountain Valley Pipeline is an energy superhighway, essentially the Keystone XL pipeline for the Southeast that will bring economic growth, energy security, and prevent an energy crisis in states like South Carolina. I was proud to sign on to this amicus brief to protect our energy independence and to ensure the Mountain Valley Pipeline will be completed as Congress made clear in the Fiscal Responsibility Act. Special interest environmental groups and activist courts should not be allowed to flagrantly ignore an act of Congress that has been signed into law by the President and jeopardize American energy security by halting construction on the Mountain Valley Pipeline.”
Representative Johnson said: “Congress was explicit in the debt ceiling deal: the Mountain Valley Pipeline is to be completed. The deal, which included this provision, was passed by the House and Senate and signed into law by the President. The overreaching decision by the 4th Circuit Court of Appeals directly defies the unambiguous, bipartisan intent of Congress, and clearly oversteps its bounds. The pipeline is nearly complete; and upon completion, it will help meet growing energy demands by transporting gas from Appalachian shale deposits, including those in Ohio, to market. This is about more than just energy; it’s also a national security issue…because it’s well known that ‘energy security is national security.’ I join my colleagues in urging the Supreme Court in acting quickly to overturn the overreaching, ‘attempt to legislate from the bench’ decision by the 4th Circuit.”
Representative Joyce said: “The Mountain Valley Pipeline (MVP) has the necessary approvals and permits to complete construction and deliver new jobs and revenue to Pennsylvania communities. For years, the activist 4th Circuit Court of Appeals has stalled with deliberate intent the last stages of MVP’s completion. In fact, the 4th Circuit has so blatantly twisted the law that a bipartisan Congress and Democrat President has said ‘Enough is enough.’ This brief is an important step to not only enforce the valid permits and approvals to finish this pipeline but end the naked partisanship of an activist panel of judges.”
Representative Meuser said: “The Mountain Valley Pipeline would have a multi-billion-dollar economic impact on Pennsylvania and is vital to the growth of the commonwealth’s natural gas industry, which employs tens of thousands of residents. Continued delays in its construction not only harms economic opportunity for natural gas producers in my District, but it threatens energy security in several states across our region. That is why I joined my colleague, Guy Reschenthaler, in filing this Amicus Brief in support of an Emergency Application to vacate the stays of the U.S. Court of Appeals for the Fourth Circuit.”
Representative Miller said: “Because of the bipartisan Fiscal Responsibility Act, the Mountain Valley Pipeline will be completed. The Fourth Circuit no longer has any jurisdiction over the Mountain Valley Pipeline and Republicans are fighting back. While it is unfortunate that this amicus brief and case are necessary, I look forward to the Supreme Court coming to a swift decision confirming Congress’ intent to increase domestic energy production, particularly in West Virginia. I continue to encourage the parties involved with construction of the Mountain Valley Pipeline to ignore the fourth circuit and complete production as scheduled.”
Representative Mooney said: “Liberal activist lawsuits and bureaucratic red tape have long held up the Mountain Valley Pipeline, despite the project already clearing several agency permitting hurdles. Congress was clear when it said that judicial review of the Mountain Valley Pipeline was over. This pipeline is as much about West Virginia jobs as it is about American energy independence. The Supreme Court should recognize that Congress already resolved this matter.”
Editor’s Note: Politicians love to talk, so filing of the amicus curiae was not only an easy thing to do, but a welcome opportunity to bloviate. And, perhaps it will work. Let’s hope so. But, Chief Justice John Roberts will decide and he’s the fellow who let Obamacare happen with ridiculous arguments. Worse, he’s the man who said “there are no Democrat judges” but that’s exactly the problem with the 4th Circuit. Trusting John Roberts to do the right thing is not a plan.
What should be happening, if these politicians had any willingness to truly correct the problem and end judicial tyranny of the sort seen with the 4th Circuit is simple but hard. It is impeachment of the rogue judges who are determined to ignore the law restraining their authority. Why isn’t that happening? Maybe it’s because we are governed by a ruling class that protects its own while they talk, talk and talk more about how they’re on our side.
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