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Supreme Court Rules for Pipeline Project Under the Appalachian Trail

June 15, 2020 Tony Mauro

Pipeline and energy industries got a boost from the U.S. Supreme Court Monday with a decision easing restrictions that halted construction of the Atlantic Coast Pipeline from West Virginia to North Carolina.

In a 7-2 decision in United States Forest Service v. Cowpasture River Preservation Association, the high court said the Forest Service had the authority to issue a special use permit for the pipeline, which would cross 600 feet under the Appalachian Trail. In so doing, the court overturned a ruling by the U.S. Court of Appeals for the Fourth Circuit finding that the Forest Service was not empowered to grant the right-of-way because the trail was part of the National Park System.

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