News & Analysis as of

Endangered Species Act (ESA) Oil & Gas Keystone XL Pipeline

Nossaman LLP

Ninth Circuit Tosses NWP 12 Appeal

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On August 11, 2021, the U.S. Court of Appeals for the Ninth Circuit granted partial vacatur of an appeal brought by the U.S. Army Corps of Engineers (Corps) challenging a district court decision to vacate and enjoin use of...more

Pillsbury Winthrop Shaw Pittman LLP

Energy 2021: USA

Overview of the current energy mix, and the place in the market of different energy sources - Due in large part to the COVID-19 pandemic, U.S. total energy consumption in 2020 is on pace to decline for a second straight...more

Maynard Nexsen

In the Midst of Suit to Void NWP-12, Army Corps of Engineers Proposes Reissuance of Nationwide Permits

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The Army Corps of Engineers issued a prepublication version of its Proposal to Reissue and Modify Nationwide Permits (NWPs) on August 3, 2020. The proposal would reissue all 52 existing nationwide permits, some with...more

Bond Schoeneck & King PLLC

Current Events and Roiling Waters - Part 4: Nationwide Permit 12 – Still Standing…At Least For Now

This is Part 4 in a five-part series addressing the latest changes in legal standards regulating water resources in the United States. Part 4 addresses the fallout from recent decisions in a lawsuit over the Keystone XL...more

Bricker Graydon LLP

Army Corps asks U.S. Supreme Court to stay vacatur and injunction of NWP12, pending appeal

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Update June 17, 2020: On June 15, 2020, the U.S. Army Corps of Engineers filed an application to the U.S. Supreme Court for a stay of the April 15, 2020, order (amended May 11, 2020) issued by the U.S. District Court of...more

Bricker Graydon LLP

Ninth Circuit denies Stay of NWP 12 Vacatur

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Update May 29, 2020: On May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit issued an order denying the appellants’ emergency motions for a partial stay of the district court’s April 15, 2020, and May 11, 2020,...more

Orrick, Herrington & Sutcliffe LLP

Uncertainty Lingers During Appeal of Nationwide Permit 12 Ruling

A permitting program that is important to developers and environmentalists is in turmoil after a series of judicial actions in the Keystone XL Pipeline case. ...more

Bricker Graydon LLP

[Webinar] A Tale of Two Permits - May 21st, 2:00 pm - 3:00 pm EST

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Bricker & Eckler and Hull & Associates will discuss the potential impacts and outcomes of recent activities in the area of surface water permitting. Specifically, we will be addressing the court ruling in Northern Plains...more

Nossaman LLP

Feds Appeal NWP 12 Ruling

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Yesterday, the U.S. Army Corps of Engineers (Corps) appealed to the United States Court of Appeals for the Ninth Circuit the decision of a lower court to vacate nationwide permit 12 (NWP 12) until the Corps completes...more

Nossaman LLP

NWP 12 Back in Play, Mostly

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On Monday, the United States District Court for the District of Montana issued an order amending its previous order, which had invalidated nationwide permit 12 (NWP 12) on the basis that the U.S. Army Corps of Engineers...more

Bricker Graydon LLP

Nationwide Permit 12 vacated and remanded to the Army Corps

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On April 15, 2020, the U.S. District Court for the District of Montana issued an order with potentially broad-sweeping implications for energy-related projects across the country. ...more

Nossaman LLP

Nationwide Permit 12 (NWP 12) Vacated on ESA Grounds

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On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. The court granted partial summary judgment in favor of...more

Allen Matkins

California Environmental Law & Policy Update - April 2020 #3

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Montana federal court judge invalidates permit coverage for Keystone XL pipeline; could stymie projects across country - Bloomberg Law – April 15 - The U.S. District Court for the District of Montana on Wednesday...more

Foley Hoag LLP - Environmental Law

Deja Vu All Over Again — The Trump Administration Refuses to Provide “Good Reasons” For Its Change in Course on Keystone XL

On November 8, 2018, Judge Brian Morris granted summary judgment to plaintiffs on some of their claims challenging the State Department’s new Record of Decision for the Keystone XL project. Whatever our Tweeter-in-chief may...more

Dorsey & Whitney LLP

Constructing the De-Regulatory State: Trump Executive Orders Aim to Reduce Regulation and Speed Project Development

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Over the last week, President Trump has made good on his promise to take immediate action to reduce and streamline regulations he sees as inhibiting domestic industry and key construction projects. Through a series of...more

Mintz

Energy & Environment Update - January 2015 #2

Mintz on

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Commerce - Department of Energy - Department of Treasury - Environmental Protection...more

Blank Rome LLP

More Pipeline Development Projects: What America Needs

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National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more

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