Sign up for our daily briefing

Make your busy days simpler with Axios AM/PM. Catch up on what's new and why it matters in just 5 minutes.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Denver news in your inbox

Catch up on the most important stories affecting your hometown with Axios Denver

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Des Moines news in your inbox

Catch up on the most important stories affecting your hometown with Axios Des Moines

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Minneapolis-St. Paul news in your inbox

Catch up on the most important stories affecting your hometown with Axios Twin Cities

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Tampa Bay news in your inbox

Catch up on the most important stories affecting your hometown with Axios Tampa Bay

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Charlotte news in your inbox

Catch up on the most important stories affecting your hometown with Axios Charlotte

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

View from the Appalachian Trail near Goshen Pass in Virginia. Photo: Getty Images

A Supreme Court ruling Monday removes a key hurdle for two natural gas pipelines and could have ripple effects for future projects.

Driving the news: In a 7-2 ruling, the court said the U.S. Forest Service has the power to grant the 600-mile Atlantic Coast Pipeline right of way under the Appalachian Trail in Virginia. Another pipeline proposed in the same area, the 300-mile Mountain Valley Pipeline, has faced similar challenges.

Where it stands: At issue was what federal agency controls the land the pipeline would traverse, the U.S. Forest Service or the Interior Department's National Park Service.

  • Justice Clarence Thomas, writing for the majority, said under the lower court ruling that Monday’s decision overturned, any pipeline crossing at similar "footpaths" controlled by the Park Service would need an act of Congress for approval.
  • 21 such footpaths exist across the country comprising at least tens of thousands of miles, per Thomas’ opinion, according to Gary Kruse, managing director of research at LawIQ, an energy regulatory analytics and advisory firm.
  • "That would have been a severe restraint on pipeline development throughout the country," Kruse said.

The other side: "There is a serious concern that areas of lands long to be considered off-limit for pipeline construction will now be perceived as worthy for potential investment and construction," said Gillian Giannetti, staff attorney with the Natural Resources Defense Council, which filed an amicus brief opposing the pipeline.

  • This could include opening up protected Park Service areas like the Timpanogos Cave National Monument and the Gila Cliff Dwellings National Monument to gas pipelines, according to a blog post she co-authored earlier this year about the decision’s potential implications.

Yes, but: These pipelines wouldn’t be the first to go under the iconic Appalachian Trail. At issue is the type of land at the crossing: federal, versus state or private. Existing pipelines cross the trail at 34 locations, pipeline backers say, per the Washington Post.

The big picture: The case turned on a technical issue, but don't let that cloud the bigger picture. The lawsuit is one of many representing a decade-long fight over fossil-fuel infrastructure, climate change and other environmental issues first born out of the high-profile Keystone XL pipeline battle, which itself is still raging and unsettled.

What we're watching: Whether these two pipelines are ultimately built. The court ruling Monday removed a key hurdle — but not the only ones, per Bloomberg Law.

What's next: The Supreme Court is expected to decide June 25 whether it will hear another pipeline lawsuit, one involving eminent domain that could have even broader implications.

Go deeper

Amy Harder, author of Generate
Sep 3, 2020 - Energy & Environment

Natural gas remains the big question in Biden’s climate change plan

Illustration: Sarah Grillo/Axios

Joe Biden has the most aggressive climate-change plan in presidential-election history, but he continues to evade the dicey topic of natural gas.

Why it matters: Natural gas, mostly derived from the controversial extraction process called fracking, is filling an increasingly large role in America’s energy system. It’s cleaner than oil and coal, but is still a fossil fuel with heat-trapping emissions.

Updated 1 hour ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Health: Coronavirus deaths reach 4,000 per day as hospitals remain in crisis mode — CDC warns highly transmissible coronavirus variant could become dominant in U.S. in March.
  2. Politics: Biden says, "We will manage the hell out of" vaccine distribution — Biden taps ex-FDA chief to lead Operation Warp Speed amid rollout of COVID plan — Widow of GOP congressman-elect who died of COVID-19 will run to fill his seat.
  3. Vaccine: Battling Black mistrust of the vaccines"Pharmacy deserts" could become vaccine deserts — Instacart to give $25 to shoppers who get vaccine.
  4. Economy: Unemployment filings explode againFed chair: No interest rate hike coming any time soon —  Inflation rose more than expected in December.
  5. World: WHO team arrives in China to investigate pandemic origins.

NRA declares bankruptcy, says it will reincorporate in Texas

Wayne LaPierre of the National Rifle Association (NRA) speaks during CPAC in 2016. Photo: Saul Loeb/AFP via Getty Images

The National Rifle Association said Friday it has filed for Chapter 11 bankruptcy and will seek to reincorporate in Texas, calling New York, where it is currently registered, a "toxic political environment."

The big picture: The move comes just months after New York Attorney General Letitia James filed a lawsuit to dissolve the NRA, alleging the group committed fraud by diverting roughly $64 million in charitable donations over three years to support reckless spending by its executives.