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United States Forest Service v. Cowpasture River Preservation Assn.

Updated Sep 18, 2026

In brief

The Supreme Court said the Forest Service had authority to issue the permit, overturned the Fourth Circuit’s ruling, and sent the case back (reversed and remanded).

Where it stands
Decided

Decided 7-2 · June 15, 2020 · Opinion by Justice Thomas

What it’s about
This case was about whether the U.S. Forest Service could allow the Atlantic Coast Pipeline to pass beneath the Appalachian Trail where the trail crosses national forest land in Virginia.
Who it affects
The decision means the Trail crossing did not, by itself, block the Forest Service from issuing a special-use permit for the pipeline under the Mineral Leasing Act. The Fourth Circuit must now continue the case under that ruling.

Summary: written with AI from the case record.

Illustration for United States Forest Service v. Cowpasture River Preservation Assn.
Conceptual illustration · AI-generated

What it's about

The dispute turned on whether land crossed by the Appalachian Trail becomes part of the National Park System, which would block the pipeline right-of-way under the Mineral Leasing Act.

The case sits where national-forest management, National Park System rules, and pipeline routes meet.

Question presented

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.

What the Court decided

Holding

Because the Department of the Interior’s decision to assign responsibility over the Appalachian Trail to the National Park Service did not transform the land over which the Trail passes into land within —————— * Together with No. 18–1587, Atlantic Coast Pipeline, LLC v. Cowpasture River Preservation Association et al. , also on certiorari to the same court. the National Park System, the Forest Service had the authority to issue the special use permit. 911 F. 3d 150, reversed and remanded.

Result
Reversed

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 7joined the Court's opinion
  1. Ginsburg
  2. Breyer
  3. Alito
  4. Gorsuch
  5. Kavanaugh
  6. Thomaswrote the opinion
  7. Roberts
Dissenting · 2disagreed with the result
  1. Sotomayorwrote the dissent
  2. Kagan
7 justices joined the judgment, 2 dissented.

From the opinions

“The majority’s complicated discussion of private-law easements, footpath maintenance, differently worded statutes, and policy masks the simple (and only) dispute here.”

— Justice Sotomayor(dissent)

What's next

The Fourth Circuit will handle further proceedings after the Supreme Court sent the case back (remanded it). The Supreme Court’s action on this docket is complete.

Documents

3

Docket activity

7
  • New analysis added

    Sep 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 18, 2026 · Generated

  • AI analysis generated: Decision Record

    Sep 18, 2026 · Generated

  • New analysis added

    Jul 2, 2026 · Court records

  • Opinion added: opinion

    Jun 15, 2020 · Court records

Show 2 more
  • Brief added: Petition

    Jun 25, 2019 · Court records

  • Brief added: Questions Presented

    Court records

More questions

5
What did the Cowpasture River case decide?
The Court said the land crossed by the Trail was not made part of the National Park System. It also said the Forest Service could issue the special-use permit.
What role did the Appalachian Trail play in the pipeline permit?
The question was whether Trail land became part of the National Park System, which would bar the pipeline crossing under the Mineral Leasing Act.
What did the Supreme Court do to the Fourth Circuit’s ruling?
It overturned the Fourth Circuit’s judgment and sent the case back to that court (reversed and remanded).
What remains unresolved in the Cowpasture River case?
The ruling resolved the Forest Service’s authority to issue the permit, but the case still requires further proceedings in the Fourth Circuit.
What happens next in the Cowpasture River case?
The Fourth Circuit will handle further proceedings under the Supreme Court’s ruling. The Supreme Court’s action on this docket is complete.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 18, 2026Methodology

Court records and filings

Reporting and analysis