Reschenthaler, Capito, Colleagues Lead Amicus Brief on Restarting Mountain Valley Pipeline Construction

WASHINGTON, D.C. – Chief Deputy Whip Guy Reschenthaler (R-PA), U.S. Senator Shelley Capito (R-WV), and eight of their 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), Mike Kelly (R-PA), Dan Meuser (R-PA), Carol Miller (R-WV), and Alex Mooney (R-WV) joined Reschenthaler and Capito in this effort.

 

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 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.”

 

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.”

 

Sean Moran, Shareholder & Oil and Gas Practice Group Leader, Buchanan Ingersoll and Rooney: “Buchanan Ingersoll & Rooney is proud to have assisted members of Congress on this important issue before the U.S. Supreme Court. Infrastructure is critical to the production of clean, low cost energy and to creating jobs and keeping utility bills low for consumers.”

 

Full text of the brief is available here.