Supreme Court to review important pipeline decision

On October 4, 2019, the Supreme Court granted review of a Fourth Circuit decision that rejected U.S. Forest Service authorization of a $7 billion natural gas pipeline. See Cowpasture River Pres. Assn v. Forest Service, 911 F.3d 150, 155 (4th Cir. 2018), cert. granted sub nom. U.S. Forest Service, Et al. v. Cowpasture River Assn., et al., No. 18-1584, 2019 WL 4889926 (U.S. Oct. 4, 2019), and cert. granted sub nom. Atlantic Coast Pipeline, LLC v. Cowpasture River Assn., et al., No. 18-1587, 2019 WL 4889930 (U.S. Oct. 4, 2019).

The Fourth Circuit decision, issued last December, took aim at the Forest Service’s authorization of the Atlantic Coast Pipeline (ACP) project – specifically, approval of the pipeline’s passage through George Washington and Monongahela National Forests and crossing of the Appalachian National Scenic Trail. 

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