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A number of environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”)in the United States District Court for Middle District of Louisiana challenging certain federal permits and authorizations related to the proposed Bayou Bridge Pipeline (“Pipeline”) issued by the United States Corps of Engineers (“Corps”).

The organizations challenging the Pipeline include:

• Atchafalaya Basinkeeper
• Louisiana Crawfish Producers Association-West
• Gulf Restoration Network
• Waterkeeper Alliance
• Sierra Club and its Delta Chapter

The Pipeline is described in the Complaint as a 24-inch wide, 162.5 mile-long crude oil pipeline that would run from Lake Charles, Louisiana to St. James, Louisiana.

The Plaintiffs state that on December 14, 2017, the Corps issued a permit, pursuant to Section 404 of the Clean Water Act, authorizing dredge and fill activities necessary to construct the pipeline. In addition, the Corps is stated to have simultaneously issued authorizations pursuant to Section 408 of the Rivers and Harbors Act.

The Complaint alleges that the Corps determined that the pipeline would not have a significant impact on the environment, therefore negating the need to prepare a National Environmental Policy Act Environmental Impact Statement. It seeks a declaration that the Corps violated the Clean Water Act, Rivers and Harbors Act, and National Environmental Policy Act through such actions.

A copy of the Complaint can be found here.