News & Analysis as of

Keystone XL Pipeline Clean Water Act

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

Troutman Pepper

Corps Proposes to Modify Nationwide Permit 12 to Simplify Pre-Construction Notification for Pipelines

Troutman Pepper on

On September 15, 2020, the United States Army Corps of Engineers (Corps) issued its “Proposal to Reissue and Modify Nationwide Permits” (Proposed Rule). Under Section 404 of the Clean Water Act and Section 10 of the Rivers...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

Dickinson Wright

Nationwide Permit 12 Has Been Vacated. Does that Matter Nationwide? (Updated)

Dickinson Wright on

Update 7/16/2020: On July 6, 2020, the U.S. Supreme Court significantly narrowed the scope of the District Court’s injunction by staying the order except as applied to the Keystone XL pipeline, pending resolution of the...more

Perkins Coie

Supreme Court Revives Clean Water Act General Permit for Pipeline and Utility Line Projects

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The U.S. Supreme Court delivered near-term relief to project developers on June 6, reinstating one of the U.S. Army Corps of Engineers’ key nationwide Clean Water Act permits in U.S. Army Corps of Eng’rs v. Northern Plains...more

Bricker Graydon LLP

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

Bricker Graydon LLP on

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

Pillsbury Winthrop Shaw Pittman LLP

Ninth Circuit Declines to Reinstate Streamlined Water Permitting Process for New Pipelines

Decision creates difficult permitting challenges for oil and gas pipelines crossing jurisdictional waters. Oil and gas pipelines continue to face difficult permitting challenges as Ninth Circuit declines to revive vacated...more

Troutman Pepper

Ninth Circuit Orders Enjoinment of Oil and Gas Line Construction Proceeding Under Nationwide Water Permit 12

Troutman Pepper on

N. Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) - Oil and gas pipeline construction may no longer proceed under Nationwide Water Permit 12 (“NWP...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

Dickinson Wright

Nationwide Permit 12 Has Been Vacated. Does that Matter Nationwide?

Dickinson Wright on

On April 15, 2020, in response to a challenge by environmental groups connected with opposition to the Keystone XL pipeline, a federal trial court in Montana issued a decision that may affect pipeline and electric...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Utility Line Activities/Clean Water Act: Federal District Court (Montana) Enjoins Nationwide Permit 12

A United States District Court (Montana) (“Court”) addressed in an April 15th decision a challenge to the United States Corps of Engineers’ (“Corps”) issuance of Clean Water Act Nationwide Permit (“NWP”) 12 (Utility Line...more

Harris Beach PLLC

Federal Court Nullifies Nationwide Permit 12 – Ruling has Broad Impacts for Energy Infrastructure Projects

Harris Beach PLLC on

In a case brought by a coalition of environmental groups opposed to the Keystone XL Pipeline project, Judge Brian Morris of the U.S. District Court for Montana issued a ruling on April 15 nullifying Nationwide Permit (NWP)...more

Dorsey & Whitney LLP

U.S. District Court for Montana Enjoins Key Army Corps of Engineers' General Permit for Energy Infrastructure Projects

Dorsey & Whitney LLP on

On April 15, 2020, Judge Morris of the United States District Court for the District of Montana issued a ruling invalidating Nationwide Permit 12 (“NWP 12”), a permit issued by the Army Corps of Engineers (“Corps”) covering...more

Allen Matkins

California Environmental Law & Policy Update - April 2020 #3

Allen Matkins on

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

Balch & Bingham LLP

2017 Regulatory Policy Forecast: Environmental & Energy Policy

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ENVIRONMENTAL & ENERGY POLICY - With an incoming administration promising substantial changes to current energy and environmental policies, regulated businesses are closely monitoring and evaluating what 2017 will bring. A...more

Mintz

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - September 2015

Mintz on

A Note from the Editors - Our September edition of Energy Technology Connections brings you recent industry highlights, the latest news from Capitol Hill, and a list of upcoming energy industry events. In Leaders in the...more

Bergeson & Campbell, P.C.

EPA Seeks Additional Comment on NPDES Electronic Reporting Rule, and Other Recent CWA Developments

EPA Seeks Additional Comment On NPDES Electronic Reporting Rule: On December 1, 2014, the U.S. Environmental Protection Agency (EPA) requested additional comment on the proposed National Pollutant Discharge Elimination System...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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