The Supreme Court on Thursday cleared the way to complete a controversial Mid-Atlantic natural gas pipeline, agreeing that Congress greenlighted the project as part of a behind-the-scenes deal to raise the nation’s debt ceiling.
The bill at issue acted in three ways. It ratified and approved “all federal authorizations” for the project. It expressly stripped courts of jurisdiction to review “any action” by a federal agency granting authorization for the construction and operation of the pipeline. And it said that any claim about the constitutionality of the law could be heard only by the U.S. Court of Appeals for the D.C. Circuit.
Another group of environmentalists in a separate challenge said that in a case “involving endangered species that are indisputably harmed by pipeline construction,” the lower court’s action “appropriately maintains the status quo.” The lower court scheduledThat hearing was underway when the Supreme Court sided with the builders of the pipeline, backed by the Biden administration.
The $6 billion pipeline is a joint venture between some of the largest gas companies in Appalachia and the power company NextEra Energy. Its largest investor is Equitrans Midstream, which has a 48.1 percent ownership interest and will operate the pipeline.
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