News & Analysis as of

Nationwide Permits (NWPs)

Bricker & Eckler LLP

Army Corps announces proposal to reissue and modify nationwide permits (UPDATED)

Bricker & Eckler LLP on

Update: On September 15, 2020, the Army Corps published a notice of proposed rulemaking in the Federal Register (85 FR 57298) for the reissuance and modification of its Nationwide Permits....more

Sheppard Mullin Richter & Hampton LLP

Army Corps of Engineers Proposes Revising Broad Range of Clean Water Act Nationwide Permits

On September 15, 2020, the Army Corps of Engineers published proposed revisions to a wide range of Nationwide Permits (NWP) issued under the Clean Water Act. The revisions respond to Executive Order 13783, directing heads of...more

K&L Gates LLP

U.S. Army Corps Proposes New Nationwide Permits for Seaweed and Finfish Aquaculture in Coastal Waters and Updates the Existing...

K&L Gates LLP on

The U.S. Army Corps of Engineers (USACE) recently circulated a draft proposal to renew its existing Nationwide Permits (NWPs) as well as create two new NWPs that would authorize seaweed and finfish aquaculture in coastal...more

Nexsen Pruet, PLLC

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

Nexsen Pruet, PLLC on

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

Bricker & Eckler LLP

Army Corps announces proposal to reissue and modify nationwide permits

Bricker & Eckler LLP on

On August 3, 2020, the U.S. Army Corps of Engineers announced a proposal to renew and revise its 52 nationwide permits and issue five new nationwide permits. Nationwide permits, which are general permits that authorize work...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

Perkins Coie on

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

Allen Matkins

California Environmental Law & Policy Update - July 2020 #2

Allen Matkins on

Supreme Court reinstates streamlined permitting for pipelines, but not for Keystone XL project - Bullet Bloomberg Law – July 6 - The U.S. Supreme Court on Monday reinstated a streamlined permitting program, known as...more

Stinson LLP

Supreme Court Revives Use of NWP 12 but Uncertainty Remains

Stinson LLP on

The Supreme Court’s decision on July 6 allows the Corps of Engineers to resume using Nationwide Permit 12 (NWP 12) to authorize certain types of utility line construction impacts to wetlands and waters of the United States in...more

Bricker & Eckler LLP

U.S. Supreme Court limits Nationwide Permit 12 injunction to Keystone XL pipeline

Bricker & Eckler LLP on

On July 6, 2020, the U.S. Supreme Court granted in part and denied in part the U.S. Army Corps of Engineers’ application for stay of the order issued by the U.S. District Court of Montana....more

Locke Lord LLP

Supreme Court Reinstates NWP 12 for Pipelines, But 1 Out of 3 Ain’t Good

Locke Lord LLP on

In a busy few days for the pipeline industry, the Supreme Court provided sorely needed relief by issuing a stay of the Montana District Court’s order vacating Nationwide Permit (NWP) 12 for the oil and gas industry. While...more

Beveridge & Diamond PC

Federal Court Vacates Nationwide Permit 48 for Local Commercial Shellfish Growers

Beveridge & Diamond PC on

In yet another setback for the Army Corps of Engineers’ Nationwide Permit program, a June 11, 2020 federal court ruling vacated NWP 48 for commercial shellfish aquaculture in Washington State. Center for Food Safety v. U.S....more

Bricker & Eckler LLP

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

Bricker & Eckler 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

Bricker & Eckler LLP

Ninth Circuit denies Stay of NWP 12 Vacatur

Bricker & Eckler LLP on

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

Foley Hoag LLP - Environmental Law

It’s Not Looking Good For Nationwide Permit 12

Yesterday, the 9th Circuit Court of Appeals refused the appellants’ request for a partial stay of the injunction recently issued against use of the Army Corps Nationwide Permit 12 for oil and gas pipeline projects...more

Snell & Wilmer

Ninth Circuit Wetlands Ruling Muddies the Waters for Development Nationwide

Snell & Wilmer on

On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas pipelines that cross streams...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

Blank Rome LLP

CWA Update: Two Recent Cases Impact CWA Permitting and Enforcement

Blank Rome LLP on

Two recent cases have the potential to dramatically alter the state of permitting and enforcement under the federal Clean Water Act (“CWA”) with far reaching implications to energy infrastructure project proponents and the...more

Bricker & Eckler LLP

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

Bricker & Eckler LLP on

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

Nexsen Pruet, PLLC

Nationwide Permit Injunction Limited in Scope. For Now.

Nexsen Pruet, PLLC on

On Monday, the United States District Court for the District of Montana issued an order amending its previous grant of summary judgment in Northern Plains Resource Council v. U.S. Army Corps of Engineers. The original order...more

Allen Matkins

California Environmental Law & Policy Update - May 2020 #3

Allen Matkins on

Judge temporarily blocks Trump administration's California water plan - Bullet Associated Press – May 12 - A preliminary injunction was issued on Monday temporarily blocking the U.S. Bureau of Reclamation’s (Bureau)...more

Nossaman LLP

Feds Appeal NWP 12 Ruling

Nossaman LLP on

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

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