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Oil & Gas US Army Corps of Engineers

Nutter McClennen & Fish LLP

Environment & Energy Insights (August 2024)

​Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more

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

Nationwide Permit 12/Oil or Natural Gas Pipeline Activities: Republican Senators Announce Opposition to U.S. Corps of Engineers...

Ranking Environment and Public Works Committee Member United States Senator Shelley Moore Capito and other Republican Senators sent an April 20th letter to the Assistant Secretary for the Army for Civil Works of the United...more

Vinson & Elkins LLP

Nationwide Permit 12 Update: Permit that Allows for Expedited Approval for Certain Oil and Natural Gas Pipeline Activities...

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On March 28, 2022, the U.S. Army Corps of Engineers (“Corps”) published notice (“Notice”) that it is undertaking a formal review of Nationwide Permit (“NWP”) 12, one of over 50 general permits available nationwide that allow...more

Bracewell LLP

Army Corps Issues Notice of Nationwide Permit 12 Review and Seeks Stakeholder Input

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On March 24, 2022, the Department of the Army and the U.S. Army Corps of Engineers (“Corps”) (collectively “Army”) announced their intent to publish a Notice (the “Notice”) in the Federal Register initiating a formal review...more

Troutman Pepper

Army Corps Halts Coverage Under Nationwide Permits

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Landowners and permit applicants received an email notification this week that the Army Corps of Engineers (Army Corps) would not be processing their requests for coverage under a variety of Clean Water Act (CWA) Section 404...more

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

Allen Matkins

California Environmental Law & Policy Update - May 2021

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Environmental groups sue Army Corps of Engineers over pipeline permitting - The Hill – May 3 - A coalition of five environmental groups on Monday sued the U.S. Army Corps of Engineers (Corps) in federal court in...more

Roetzel & Andress

Clean Water Act Update

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On March 28, 2017, former President Donald Trump issued Executive Order 13783, “Promoting Energy Independence and Economic Growth.” The Executive Order directed the U.S. Army Corps of Engineers (“Corps”) to immediately review...more

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

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Foley Hoag LLP - Environmental Law

When the Music’s Over, Turn Off the Dakota Access Pipeline

Last week, the District of Columbia Court of Appeals affirmed vacatur of the easement issued to the Dakota Access Pipeline by the Army Corps of Engineers. As I noted last month in connection with the Biden Executive Order...more

Morgan Lewis - Power & Pipes

The Hits Keep Coming: DC Circuit Vacates Dakota Access Pipeline’s Federal Easement

It’s been a difficult several days for the oil industry. First, the Biden administration revoked the border-crossing permit for the Keystone XL pipeline on January 20. Another executive order, among other things, directed the...more

Davis Wright Tremaine LLP

Trump Track: Army Corps of Engineers Reissues and Modifies Nationwide Permits

The U.S. Army Corps of Engineers has just finalized its rule reissuing and modifying a dozen existing Nationwide Permits (NWPs), issuing four new NWPs, and revising the general conditions and definitions applying to these...more

Vinson & Elkins LLP

Army Corps Finalizes Nationwide Permit Revisions Affecting Infrastructure Development

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On January 5, 2021, the U.S. Army Corps of Engineers (“Army Corps”) released a pre-publication version of its final rule reissuing and modifying a subset of its suite of nationwide permits (“NWPs”), including those used for...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

Troutman Pepper

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

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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

Allen Matkins

California Environmental Law & Policy Update - August 2020 #2

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Federal court blocks Interior Department’s relaxation of migratory bird safeguards - U.S. News & World Report – August 12 - The U.S. District Court for the Southern District of New York this Tuesday struck down a U.S....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

Foley Hoag LLP - Environmental Law

Dakota Access Lives to Pump Another Day

On Wednesday, the D.C. Circuit Court of Appeals stayed the injunction requiring the shutdown of the Dakota Access Pipeline.  It’s a victory for the operator, Energy Transfer LP, simply because it lives to fight another day. ...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

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: NWP 12 and the Dakota Access Pipeline Easement Get Forced Vacations, while a Potential Violation of the Eighth...

Here’s a report on several new decisions made over the past few days. U.S. SUPREME COURT - U.S. Army Corps of Engineers v. Northern Plains Resources Council - On July 8, 2020, the Court has issued a partial stay of the...more

Stinson LLP

Supreme Court Revives Use of NWP 12 but Uncertainty Remains

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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

Locke Lord LLP

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

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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

Jackson Walker

Court Orders Dakota Access Pipeline Shut Down

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On July 6, 2020, Judge James E. Boasberg of the U.S. District Court for the District of Columbia issued a ruling ordering that the Dakota Access Pipeline (the Pipeline) be shut down and emptied by August 5, 2020. The decision...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

Troutman Pepper

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

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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

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