Questions Regarding the Mountain Valley Pipeline approval are headed to the Supreme Court.

Can impacted citizens and groups still challenge permits for the destructive Mountain Valley Pipeline (MVP) in court, despite a Congressional attempt to dictate otherwise? That question is now headed back to the U.S. Supreme Court.

Earlier this month, environmental and other groups challenged a Congressional attempt to strip impacted communities of their right to contest the MVP’s construction in a federal Appeals Court which was already hearing their case.

In a major procedural win, the US Court of Appeals for the Fourth Circuit found that the Congressional attempt to interfere in that ongoing case was likely to be ruled unconstitutional. The Court issued an order stopping the pipeline’s construction until arguments are heard on July 27. In their successful request for that order, lawyers for the citizen groups argued that “Congress cannot pick winners and losers in pending litigation by compelling findings or results without supplying new substantive law for the courts to apply.”

As expected, lawyers for the corporation building the pipeline then sought an emergency review by the U.S. Supreme Court. At this point, that request is in the hands of Chief Justice John Roberts, who may act on the request for a stay of the order, or refer it to the full Court for consideration. The Court is currently on its summer recess and will not normally be back until October.