CHARLESTON, W.Va. (WCHS) — The West Virginia delegation is asking the Supreme Court for an emergency opinion. The move comes after another lawsuit blocked the Mountain Valley Pipeline project shortly after legislation allowed it to continue.

The fight over the Mountain Valley Pipeline project is reaching the Supreme Court after a federal court in Virginia ruled last week to halt the project. The new lawsuit by The Wilderness Society, comes after the debt ceiling bill, signed by President Biden, dismissed all previous lawsuits since 2015.

West Virginia Republicans Capito, Miller and Mooney filed an amicus brief to restart construction.

"I do see a problem with the separation of powers of the fourth circuit coming and in and undoing and what I think is a politic agenda onto their decision making processes has they have been," West Virginia Senator Shelley Moore Capito said.

Ben Tettlebaum, director and senior staff attorney for The Wilderness Society, who filed the lawsuit that ultimately stopped construction sent Eyewitness News a statement:

No one is above the law - we’re fighting to make sure our challenge to the Forest Service and Bureau of Land Management’s approvals for the pipeline to cross the Jefferson National Forest has its rightful day in court. Mountain Valley could not build their pipeline in compliance with the law, so they appealed to Congress to interfere with the courts, skirting both our legal system and Constitution, and shutting out the myriad voices of community members in harm's way across the region. The Mountain Valley Pipeline would tear a hole in Jefferson National Forest that will scar the integrity of the forest, compromise our water, increase harmful sedimentation, and expose communities across Appalachia to the potential for dangerous, explosive leaks.

Gary Zuckett, the executive director of WV Citizen Action said we need to start looking for alternative fuels to protect the environment.

"The biggest concern about the pipeline as is a part of the whole fossil fuel infrastructure that instead of being built out and expanded we should be slowly decommissioning and transitioning to carbon-free energy sources." Zuckett said.

According to the pipeline's website, 287 of the 303 miles piping for the Mountain Valley project is already laid. Capito said the project is racing up against a deadline because they can't construct properly in the winter. The emergency opinion could allow the Supreme Court to make a decision quicker.

"I still think they're within the window where they feel they can complete by the end of the year but the window is closing," Capito said.

The pipeline was supposed to carry 3%of the nation's natural gas. Capito added it'll create jobs and increase production in West Virginia's natural gas fields.

"Honestly the MVP has not gotten a fair shake from the fourth circuit. It's very rigged." Capito said.

Capito added it could be at least two weeks before we hear the decision on if the Supreme Court wants to weigh in.

The original budget for the project was $3.5 billion. Now, it's expected to cost $6.6 billion. At a press briefing last month, the pipeline's operator described the past few years as "a judicial hell hole."

“My colleagues and I are speaking directly to the Supreme Court, urging them to uphold the clear intent of the language we included in the bipartisan Fiscal Responsibility Act, which was passed by Congress and signed into law by President Biden. Unfortunately, activist judges on the Fourth Circuit and radical environmental groups will stop at nothing to delay the Mountain Valley Pipeline, and it’s necessary to once again fight for the completion of this critical, job-creating energy project,” Senate Environment and Public Works Committee ranking member Capito said.

Congresswoman Miller remains hopeful the project will be finished, despite the setbacks.

“Because of the bipartisan Fiscal Responsibility Act, the Mountain Valley Pipeline will be completed. The Fourth Circuit no longer has any jurisdiction over the Mountain Valley Pipeline and Republicans are fighting back. While it is unfortunate that this amicus brief and case are necessary, I look forward to the Supreme Court coming to a swift decision confirming Congress’ intent to increase domestic energy production, particularly in West Virginia. I continue to encourage the parties involved with construction of the Mountain Valley Pipeline to ignore the fourth circuit and complete production as scheduled,” Miller said.

"Liberal activist lawsuits and bureaucratic red tape have long held up the Mountain Valley Pipeline, despite the project already clearing several agency permitting hurdles. Congress was clear when it said that judicial review of the Mountain Valley Pipeline was over. This pipeline is as much about West Virginia jobs as it is about American energy independence. The Supreme Court should recognize that Congress already resolved this matter,” Congressman Mooney said.