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Tuesday, July 11, 2023

Appeals court blocks Mountain Valley Pipeline again, in suit that says Congress overstepped its authority to spur it

UPDATE, July 15: The pipeline company asked Chief Justice John Roberts, who handles emergency appeals from the 4th Circuit, to dissolve the circuit court's order.

"A federal appeals court has again blocked construction on a segment of a contentious natural gas pipeline being built through Virginia and West Virginia, this time doing so even after Congress ordered the project’s approval," Matthew Barakat of The Associated Press reports.

"The stay issued Monday by the 4th Circuit Court of Appeals in Richmond comes after Congress passed legislation last month requiring all necessary permits be issued for construction of the Mountain Valley Pipeline. The law also stripped the 4th Circuit from jurisdiction over the case. Environmentalists, though, argued that Congress overstepped its authority by enacting the law, saying it violates the separation of powers outlined in the Constitution."

The pipeline builder, Equitrans Midstream, "said Tuesday it is evaluating all legal options, including an emergency appeal at the U.S. Supreme Court," Reuters reports. The company said, "Unless this decision is promptly reversed, it would jeopardize Mountain Valley's ability to complete construction by year-end 2023."

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