The Volokh Conspiracy

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A Discussion of Jurisdiction Stripping and the Mountain Valley Pipeline

A Federalist Society Forum on "Jurisdiction Stripping: Fact & Fiction Flowing Through the Mountain Valley Pipeline Case"


Last week I participated in a Federalist Society teleforum on the legal issues raised by Congress' decision to limit judicial review of the Mountain Valley Pipeline in response to aggressive (and initially successful) litigation by environmentalist groups. As I noted here, the U.S. Court of Appeals for the Fourth Circuit initially resisted Congress' decision to strip its jurisdiction, but ultimately acquiesced (after Supreme Court intervention).

In the teleforum, I joined Professor Daniel Farber, Professor Alan Trammell, Rachel Jankowski of the U.S. House of Representatives, and Magistrate Judge Robert Numbers II, who served as moderator.

The forum can be heard (or viewed) here: