Term: 2019
Docket: 18-1584
U.s. Forest Service v. Cowpasture River Preservation Association
- Pro
18-1584 U.S. FOREST SERVICE V. COWPASTURE RIVER ASSN. DECISION BELOW: 911 F.3d 150 CONSOLIDATED WITH 18-1587 FOR ONE HOUR ORAL ARGUMENT. CERT. GRANTED 10/4/2019 QUESTION PRESENTED: The Appalachian National Scenic Trail (Appalachian Trail) is more than 2000 miles long, extending from Maine to Georgia, with approximately 1000 miles of the Trail crossing through lands within national forests. The National Trails System Act provides that the Appalachian Trail "shall be administered primarily as a footpath by the Secretary of the Interior," 16 U.S.C. 1244(a)(l), and clarifies that "[n]othing contained in [the Act] shall be deemed to transfer among Federal agencies any management responsibilities established under any other law for federally administered lands," 16 U.S.C. 1246(a)(l)(A). Under the Mineral Leasing Act, 30 U.S.C. 181 et seq., the United States Forest Service (Forest Service) has authority to grant certain rights-of-way through lands in the National Forest System, but no federal agency has authority under that statute to grant equivalent rights-of-way through lands in the National Park System. See 30 U.S.C. 185. The question presented is: Whether the Forest Service has authority to grant rights-of-way under the Mineral Leasing Act through lands traversed by the Appalachian Trail within national forests. LOWER COURT CASE NUMBER: 18-1144
The U.S. Supreme Court case, U.S. Forest Service v. Cowpasture River Preservation Association (2019), revolved around a dispute over land use and environmental preservation in the George Washington National Forest in Virginia. The Atlantic Coast Pipeline LLC had obtained permission from the U.S. Forest Service to construct a natural gas pipeline across parts of the Appalachian Trail within this national forest area, which was challenged by several environmental groups including Cowpasture River Preservation Association on grounds that only Congress has authority to grant such permissions for lands under National Park System jurisdiction as per Mineral Leasing Act (MLA). However, in June 2020, the Supreme Court ruled 7-2 in favor of the Forest Service and Atlantic Coast Pipeline LLC stating that while Appalachian Trail is administered by National Park Services it remains part of federal lands entrusted to Forest Services where MLA applies; thus they have right to issue permits for pipelines crossing beneath these trails.
In the dissenting opinion for U.S. Forest Service v. Cowpasture River Preservation Association, Justice Sotomayor argued that the majority's decision to allow a natural gas pipeline to cross beneath the Appalachian Trail on national forest land was incorrect and could have far-reaching implications for public lands across America. She contended that Congress intended to keep such lands pristine when it designated them as part of National Trails System, which she believes includes both surface and subsurface rights. She also pointed out inconsistencies in how different federal agencies interpret their own jurisdiction over these areas, leading her to conclude that more clarity is needed from Congress itself rather than relying on court interpretations.
