U.S. Forest Service v. Cowpasture River Preservation Association

Case Updates

The Supreme Court clarified that the Appalachian Trail and energy infrastructure can co-exist. The Forest Service had given the Atlantic Coast Pipeline a special use permit and right-of-way through the George Washington National Forest. This included authorization to install a 0.1 mile segment 600 feet underneath a portion of the Appalachian Trial. However, the pipeline met one of its many legal snarls when the U.S. Court of Appeals for the Fourth Circuit held that the Forest Service had no authority to let the pipeline cross underneath the trail. This is because the Appalachian Trail is administered by the National Park Service, even where the trail crosses through other federal agency land, like the national forests. And while the Forest Service clearly has authority to authorize pipelines on its land, the Park Service does not. The Supreme Court reversed, holding that the array of statutes and regulatory maneuvers that created the Appalachian Trail served to protect and administer the Appalachian Trial itself under the management of the Park Service. However, they did not remove the Forest Service’s authority to grant easements on its own land, especially those well underneath and that do not disturb the Appalachian Trial itself.

The U.S. Chamber and aligned business groups submitted an amicus brief supporting this result. Previously, the U.S. Chamber filed amicus briefs supporting cert. and urging the Fourth Circuit to grant rehearing en banc.

Click here to view the coalition brief. John C. Cruden of Beveridge and Diamond, P.C. served as co-counsel for the amici.

Click here to view the coalition brief. Previously, the Chamber filed a brief urging the Fourth Circuit to grant rehearing en banc.

John C. Cruden, Peter J. Schaumberg, and James M. Auslander of Beveridge and Diamond, P.C. served as co-counsel for the amici.