Feds Tell Justices $7B Atlantic Coast Pipeline Can Cross Trail

Law360 (December 3, 2019, 4:06 PM EST) -- The federal government told the U.S. Supreme Court on Monday that the U.S. Forest Service had the authority to grant developers of the $7 billion Atlantic Coast gas pipeline a right-of-way across the Appalachian National Scenic Trail and that the Fourth Circuit was wrong to hold otherwise.

The government said in its opening brief that the Fourth Circuit improperly applied the Mineral Leasing Act when it found the Appalachian Trail was part of the National Park System, which meant the Forest Service didn’t have the power to grant a right-of-way for the project. Instead, the government said, the Appalachian Trail remains...

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