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Feb. 26, 2020 by Noah Sachs

Argument Analysis: The Trail, the Pipeline, and a Journey to the Center of the Earth

This post was originally published on SCOTUSblog. It is republished here under a Creative Commons license (CC BY-NC-ND 3.0 US).

Environmental groups faced a skeptical bench during Monday's argument in two consolidated cases, U.S. Forest Service v. Cowpasture River Preservation Association and Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association, as they fought to preserve a 2018 decision from the U.S. Court of Appeals for the 4th Circuit that had halted an $8 billion, 600-mile natural gas pipeline. At the heart of the dispute is a 2017 permit granted by the U.S. Forest Service to allow the Atlantic Coast Pipeline to cross the George Washington National Forest. The permit also authorized the developers to tunnel 600 feet beneath the Appalachian Trail within the forest. Vacating the permit, the 4th Circuit held that the entire 2,100-mile Appalachian Trail is part of the National Park System and therefore, under the Mineral Leasing Act, the trail is off-limits for energy development and pipeline rights-of-way.

At oral argument, a majority of justices appeared inclined to reverse the 4th Circuit. There was no clear consensus on the grounds for reversal, however, and we could see several opinions released this …

Feb. 19, 2020 by Noah Sachs
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This post was originally published on SCOTUSblog. It is republished here under a Creative Commons license (CC BY-NC-ND 3.0 US).

On Monday, February 24, the Supreme Court will hear argument in U.S. Forest Service v. Cowpasture River Preservation Association and Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association. These consolidated cases pit a pipeline developer and the U.S. Forest Service against environmental groups that want to halt the pipeline's construction and protect the Appalachian Trail.

The court will have to construe several statutes, including the Mineral Leasing Act, which promotes pipeline rights-of-way and other energy development on federal lands (except lands in the National Park System), and the National Trails System Act, which designated the Appalachian Trail as a National Scenic Trail and put the Secretary of the Interior in charge of administering it. The secretary later delegated that authority to the National …

Sept. 25, 2019 by David Flores
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On September 23, I attended the Climate Emergency: Tri-State Pipeline Strike in downtown Roanoke, Virginia. While affiliated with the Global Climate Strike week of action, the event in Roanoke was another milestone in the years-long and continuing struggle to prevent construction of natural gas pipelines through parts of North Carolina, Virginia, and West Virginia.                      

The day prior, my family and I attended a “Circle of Protection” event atop verdant Bent Mountain, which is home to a farming community and is part of the Roanoke River watershed, a source of drinking water for urban Roanoke. Bent Mountain and the greater Roanoke region are the site of multiple Native American burial grounds and other archeological sites that have been dug up and destroyed in the last two years to make way for the pipeline, so the event began with an acknowledgment of the original inhabitants of the land, their …

Aug. 14, 2019 by Noah Sachs
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This commentary is excerpted from The American Prospect.

Hiking south on the Appalachian Trail from Reeds Gap in Virginia, my teenage daughter and I come to a clearing. We’re at the Three Ridges Overlook, taking in the view of the Rockfish River Valley undulating to the east. Piney Mountain, blanketed in a green canopy of oaks and poplars, stares back at us from across the divide. This tranquil section of the iconic trail is the subject of a four-year legal battle that landed in June at the Supreme Court. It’s the spot where Dominion Energy wants to route the controversial Atlantic Coast Pipeline (ACP), a $7.5 billion, 600-mile, 42-inch-diameter pipe that will carry fracked natural gas from the depths of the Marcellus Shale in West Virginia. The pipeline would run up and over several mountain ranges to the Virginia coast and to eastern North …

Feb. 21, 2019 by James Goodwin
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For affected indigenous communities in the United States and Canada, new oil and gas pipelines snaking across their lands represent a new kind of attack. Dirty, polluting, dangerous, and built without the communities' consent, these pipelines are the inevitable outcome of North America's hydraulic fracturing and tar sands oil "revolutions" that have played out in recent decades. These indigenous frontline communities must bear the disproportionate costs brought about by developed nations' continued addiction to fossil fuels, all without seeing most of the benefits. In a special preview episode of Season 2 of the Connect the Dots podcast, CPR President Rob Verchick explores this poignant case study of environmental injustice with the guidance of Rachel Rye Butler, the head of the Democracy Campaign at Greenpeace.

As Rachel tells Rob, the First Nations people in Canada and Native Americans in the United States have been protesting the development of …

Nov. 12, 2018 by Victor Flatt
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Late last week, a federal district court in Montana blocked construction on the Keystone XL pipeline. The decision in Indigenous Environmental Network, et al. v. U.S. Department of State is a significant victory for the environment and a major blow to the ultimate completion of the controversial pipeline.

The case centered on the Trump administration’s 2017 decision to reverse the State Department’s initial rejection of the pipeline project, issued in 2015. The court noted that the environmental impact statement prepared by the Trump State Department in support of the reversal is deficient in its analysis of future oil prices and the need for the project, the cumulative impact of Keystone with the Alberta Clipper pipeline, the need to finish analysis of cultural impacts along the route, and the need for updated oil spill information. The court also concluded that the Trump administration failed to …

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CPR HOMEPAGE
More on CPR's Work & Scholars.
Feb. 26, 2020

Argument Analysis: The Trail, the Pipeline, and a Journey to the Center of the Earth

Feb. 19, 2020

Argument Preview: Justices to Consider Whether the Appalachian Trail Blocks Proposed Natural Gas Pipeline

Sept. 25, 2019

Striking for Environmental and Social Justice in Roanoke

Aug. 14, 2019

Can the Appalachian Trail Block a Natural Gas Pipeline?

Feb. 21, 2019

New on 'Connect the Dots': The Frontline Communities Fighting Back Against Polluting Pipelines

Nov. 12, 2018

Federal Court Deals Major Blow to Keystone XL Pipeline