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Mountain Valley Pipeline, LLC v. The Wilderness Society

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Emergency application to vacate stay is granted on July 27, 2023.
Docket No. Op. Below Argument Opinion Vote Author Term
23A35 4th Cir. TBD TBD TBD TBD OT 2022

Issue: Whether the Supreme Court should vacate the orders of the U.S. Court of Appeals for the 4th Circuit blocking the completion of the Mountain Valley Pipeline project.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 14 2023Application (23A35) to vacate stays, submitted to The Chief Justice.
Jul 17 2023Response to application (23A35) requested by The Chief Justice, due Tuesday, July 25, 2023 by 5 p.m. (EDT).
Jul 18 2023Brief amicus curiae of Senator Joe Manchin III filed.
Jul 19 2023Brief amicus curiae of American Gas Association, American Petroleum Institute, American Public Gas Association, Chamber of Commerce of the United States of America, Interstate Natural Gas Association of America, and Natural Gas Supply Association filed.
Jul 19 2023Brief amicus curiae of EQT Corporation; The Gas and Oil Association of WV, Inc.; Marcellus Shale Coalition; Range Resources Corporation; and Pennsylvania Independent Oil & Gas Association filed.
Jul 19 2023Brief amicus curiae of Duke Energy Carolinas, LLC, Duke Energy Progress, LLC, Public Service Company of North Carolina, Inc., Dominion Energy South Carolina, Inc., Southern Company Services, Inc., Southern Company Gas filed.
Jul 19 2023Brief amicus curiae of Current Members of United States Congress filed.
Jul 19 2023Brief amicus curiae of Roanoke Gas Company filed.
Jul 19 2023Brief amicus curiae of Laborers' International Union of North America filed.
Jul 20 2023Brief amicus curiae of U.S. House of Representatives filed.
Jul 21 2023Response to application from respondent Department of the Interior, et al. filed.
Jul 24 2023Brief amicus curiae of State of West Virginia filed.
Jul 25 2023Response to application from respondent The Wilderness Society filed.
Jul 25 2023Response to application from respondent Appalachian Voices, et al. filed.
Jul 25 2023Brief amicus curiae of Federal Courts Scholars William D. Araiza, Erwin Chemerinsky, Caprice Roberts, and Howard Wasserman filed.
Jul 25 2023Brief amicus curiae of W.V. Governor James C. Justice II filed.
Jul 26 2023Reply of applicant Mountain Valley Pipeline, LLC filed.
Jul 27 2023Application (23A35) referred to the Court.
Jul 27 2023Application (23A35) to vacate stays presented to The Chief Justice and by him referred to the Court is granted. The July 10, 2023 stay orders of the United States Court of Appeals for the Fourth Circuit, case Nos. 23-1592 and 23-1594, and the July 11, 2023 stay order of the Fourth Circuit, case No. 23-1384, are hereby vacated. Although the Court does not reach applicant’s suggestion that it treat the application as a petition for a writ of mandamus at this time, that determination is without prejudice to further consideration in light of subsequent developments.