ELR Citation: 53 ELR 20130
No(s). 23-1384, 23-1592, and 23-1594 (4th Cir. Aug 11, 2023)

The Fourth Circuit granted federal agencies' and Mountain Valley Pipeline proponents' motion to dismiss challenges to agency actions that would enable final construction and initial operation of the 303-mile natural gas pipeline from West Virginia to Virginia. Environmental groups had petitioned the court to review (1) a biological opinion and incidental take statement that FWS issued for the pipeline, and (2) records of decision issued by BLM and the Forest Service that granted certain required permits. While the suits were pending, Congress enacted the Fiscal Responsibility Act (FRA), which included a section that "declare[d] virtually unreviewable the actions of the agencies granting permits for the pipeline's construction" and vested the D.C. Circuit with exclusive jurisdiction for any challenges to the section itself. Respondents moved to dismiss the petitions, and the groups responded by arguing only that §324 of the FRA was unconstitutional. The court concluded enactment of the FRA eliminated its jurisdiction over the petitions because (1) Congress' ratification of the actions meant there was no live controversy and the underlying petitions were moot, and (2) the Act stripped the court's jurisdiction to consider the petitions and the groups' arguments about the constitutionality of §324. The court granted respondents' motion to dismiss.