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Mooney, Capito, Miller Lead Amicus Brief on Restarting Mountain Valley Pipeline Construction

WASHINGTON, D.C. – West Virginia Republicans Congressman Alex X. Mooney, Senator Shelley Moore Capito, and Congresswoman Carol Miller joined Chief Deputy Whip Guy Reschenthaler (R-PA) and 5 of their colleagues in filing 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 4th Circuit again halted construction of the 303-mile pipeline, which is nearly 95% 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.

“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,” said Congressman Mooney. “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.”

“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,” said Senator Capito. “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.”

“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,” said Congresswoman Miller. “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.”

The Fourth Circuit judges are not supreme rulers and lawful orders issued by the legislative and executive branches must be followed,” said Congressman Reschenthaler. “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.” 

Joining Mooney, Capito, Miller, and Reschenthaler in this effort are Representatives Jeff Duncan (R-SC), Bill Johnson (R-OH), John Joyce (R-PA), Mike Kelly (R-PA), and Dan Meuser (R-PA).

Full text of the brief is available here.