No. 18-1587 In the Supreme Court of the United States ________________ ATLANTIC COAST PIPELINE, LLC, Petitioner, v. COWPASTURE RIVER PRESERVATION ASSOCIATION; HIGHLANDERS FOR RESPONSIBLE DEVELOPMENT; SHENANDOAH VALLEY BATTLEFIELDS FOUNDATION; SHENANDOAH VALLEY NETWORK; SIERRA CLUB; VIRGINIA WILDERNESS COMMITTEE; WILD VIRGINIA, Respondents. ________________ On Writ of Certiorari to the United States Court of Appeals for the Fourth Circuit ________________ BRIEF FOR PETITIONER ________________ PAUL D. CLEMENT Counsel of Record ERIN E. MURPHY WILLIAM K. LANE III KIRKLAND & ELLIS LLP 1301 Pennsylvania Ave., NW Washington, DC 20004 (202) 389-5000
[email protected] Counsel for Petitioner December 2, 2019 QUESTION PRESENTED Exercising its authority under the Mineral Leasing Act (“MLA”), the U.S. Forest Service granted Atlantic Coast Pipeline, LLC (“Atlantic”) a right-of- way to cross a 0.1-mile stretch of the George Washington National Forest that is approximately 700 feet beneath, and without surface impacts to, the Appalachian National Scenic Trail. Despite the existence of more than 50 pipelines that presently cross under that footpath pursuant to similar rights- of-way, the Fourth Circuit concluded in the decision below that neither the Forest Service—nor any other federal agency—may grant rights-of-way to cross beneath the Appalachian Trail pursuant to the MLA, thus converting the footpath into a 2,200-mile barrier separating resource-rich areas to its west from consumers to its east. The Fourth Circuit reached that result by holding that the National Trails System Act (“Trails Act”) had implicitly transferred more than 1,000 miles of lands traversed by the Trail under the control of various federal, state, and private entities to the National Park System, which, unlike other federal lands, are not subject to rights-of-way under the MLA.