Justices Say $8B Pipeline Can Cross Appalachian Trail

Law360 (June 15, 2020, 10:55 AM EDT) -- The U.S. Supreme Court on Monday said that federal law allows the U.S. Forest Service to grant developers of the $8 billion Atlantic Coast gas pipeline a right-of-way across the Appalachian National Scenic Trail, reversing a Fourth Circuit ruling.

In a 7-2 decision, the justices said the U.S. Department of Interior's decision to give oversight of the Appalachian trail to the National Parks Service didn't transform the trail into part of the national parks system. That means the Forest Service retained the authority under the Mineral Leasing Act to grant a right-of-way for the Atlantic Coast pipeline across the trail, the...

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