INSIGHTi

Mountain Valley Pipeline: Congressional
Authorization
Updated June 15, 2023
The Mountain Valley Pipeline (MVP) is a 303-mile natural gas transmission pipeline, currently under
construction, which would link natural gas fields in West Virginia to the existing Transco pipeline in
Virginia (Figure 1). Although the MVP is over 90% complete in terms of mileage, the project has faced
numerous permitting challenges in federal court. As a result, construction repeatedly has been suspended.
A separate pipeline, the proposed Southgate Project—still in early development—would extend the MVP
into North Carolina. The MVP’s permitting challenges, as well as recently enacted legislation to authorize
its completion, are of continuing interest in Congress.
Figure 1. Mountain Valley and Southgate Pipeline Routes





Source: Institute for Energy Economics and Financial Analysis.
MVP Federal and State Permit Status
Like other large infrastructure projects, the MVP requires authorizations from a range of agencies under
various federal statutes. Key agency requirements, and their status, are summarized below.
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• Federal Energy Regulatory Commission (FERC). Interstate natural gas pipelines like
the MVP require a certificate of public convenience and necessity from FERC pursuant to
the Natural Gas Act. FERC issued a certificate to the MVP in 2017, and has extended the
MVP’s construction deadline twice, most recently to October 2026.
• National Park Service (NPS). The MVP crosses NPS lands under the Blue Ridge
Parkway, so it requires an NPS right of way. The agency issued the right of way in 2017
and reissued it in 2020 for 10 years (a typical duration).
• U.S. Fish and Wildlife Service (FWS). Federal agencies approving certain parts of the
MVP must consult with FWS under the Endangered Species Act (ESA). A Biological
Opinion the FWS issued in 2020 purporting to satisfy ESA requirements was vacated and
remanded by the U.S. Court of Appeals for the Fourth Circuit in 2022. FWS issued a
revised Biological Opinion on March 1, 2023, which also faces litigation.
• U.S. Army Corps of Engineers (Corps). The MVP requires a Corps permit under
Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act
for its water crossings. The Corps first authorized the MVP’s water crossings by general
permit, but the Fourth Circuit rejected that option twice, in 2018 and 2020. The MVP
therefore applied for an individual permit in February 2021 and is awaiting an agency
decision.
• U.S. Forest Service (FS) and Bureau of Land Management (BLM). The FS and BLM
must approve rights of way for the MVP to cross federal land under their jurisdiction. The
Fourth Circuit has twice vacated and remanded Forest Plans and associated BLM rights
of way for the MVP, in 2018 and 2022. FS and BLM issued new records of decision and
approved rights of way for MVP in May 2023.
In addition to federal agency authorizations, under CWA Section 401, the MVP must secure water quality
certification from the states. In 2021, Virginia granted its certification, which was subsequently upheld by
the Fourth Circuit. West Virginia also granted its certification in 2021, but that certification was vacated
by the Fourth Circuit in April 2023. West Virginia reissued its certification on June 8, 2023.
Legislative Proposals to Approve MVP
The MVP has been a controversial project since it was proposed, including in Congress. Opponents have
expressed concerns about the need for the pipeline, its potential impacts on the environment, and its
potential risks to the public, especially in minority and low-income communities (i.e., environmental
justice). MVP’s proponents cite its purported benefits to the economy (e.g., jobs and lower energy prices),
natural gas royalties, domestic gas supply reliability, and its potential role supplying gas exports to U.S.
allies overseas. The Biden Administration also has been supportive of the pipeline. On April 21, 2023,
Secretary of Energy Jennifer Granholm wrote a letter to FERC to “submit the view that the MVP project
will enhance the Nation’s critical infrastructure for energy and national security.”
In the face of ongoing permit litigation and extensive agency reviews that have impeded completion of
the MVP, legislation has been proposed in the 118th Congress requiring federal agencies to approve the
pipeline. The Building American Energy Security Act of 2023 (S. 1399), the RESTART Act (S. 1449),
and the Mountain Valley Pipeline Completion Act (H.R. 3500) all would require federal agencies to issue
outstanding permits, biological opinions, rights of way, and any other necessary authorizations for the
MVP, and would exempt these authorizations from further judicial review.
On June 3, 2023, President Biden signed the Fiscal Responsibility Act of 2023 (P.L. 118-5) which
includes provisions to approve the MVP. Section 324 of the act finds that “the timely completion of
construction and operation of the Mountain Valley Pipeline is required in the national interest.” Under the

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act, “Congress...ratifies and approves all authorizations, permits, verifications, extensions, biological
opinions, incidental take statements, and any other approvals or orders issued pursuant to Federal law
necessary for the construction and initial operation at full capacity of the Mountain Valley Pipeline.” The
act further directs the relevant federal agencies “to continue to maintain” such authorizations and declares
that “no court shall have jurisdiction to review any action taken” by these agencies to approve the
pipeline, effectively shielding these actions from further litigation.
Although infrequent, such direct congressional authorization of major infrastructure projects has occurred
in the past, notably under the Trans-Alaska Pipeline Authorization Act of 1973 (P.L. 93-153). However,
some in Congress continue to oppose completion of the MVP. A Senate amendment (S.Amdt. 101) to strip
the MVP approval language from P.L. 118-5 drew 30 yea votes. Some Members object to the act’s
perceived special treatment favoring the project outside the regular permitting process, the impact of its
construction on landowners, and its potential contribution to climate change, among other concerns.
Nonetheless, with its federal permitting issues resolved under P.L. 118-5, the MVP’s developer intends to
complete the pipeline and put it in service by the end of 2023. As construction of the MVP continues, the
status of the pipeline and its associated natural gas supplies may be an issue for Congress.

Author Information

Paul W. Parfomak
Adam Vann
Specialist in Energy Policy
Legislative Attorney





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IN12032 · VERSION 8 · UPDATED

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