The Supreme Court may soon weigh in on Mountain Valley Pipeline developers' request to vacate a federal court's order to halt construction on the project, which developers argue conflicts with a law Congress passed guaranteeing its completion.
Developers of the natural gas pipeline filed an emergency application Friday with Chief Justice John Roberts, who handles petitions from the Fourth Circuit Court of Appeals, asking the Supreme Court to allow the project to continue.
The Supreme Court asked environmental groups Monday to file their response to the application by July 25, according to Bloomberg Law.
"The Constitution gives Congress control over the jurisdiction of the federal courts, and Congress has clear authority to determine which courts should hear which sorts of claims," Adler said.
"Further, Congress has the clear authority to exempt specific projects from the regulatory and permitting requirements that Congress itself imposed."
"Supreme Court cases are a little messy on the subject of Congress changing the law in ways that are directed toward a particular lawsuit or a particular project," Dan Farber, faculty director the Center for Law, Energy & the Environment at the University of California, Berkeley, told E&E News.
"This new order halting construction is unlawful, & regardless of your position on MVP, it should alarm every American when a court ignores the law."
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