NEPA

Court Narrows Scope of NWP 12 Ruling; Corps Appeals to Ninth Circuit

Last month, we wrote about a recent decision from the US District Court for the District of Montana vacating Nationwide Permit (“NWP”) 12, the general permit issued by the Army Corps of Engineers (“Corps”) for pipelines and other utility projects. On May 11, the court narrowed the scope of the decision, vacating and enjoining the…

Read More...

Nationwide Permit for Pipelines and Utility Projects Vacated on ESA Grounds

On April 15, 2020, the United States District Court for the District of Montana issued a decision in Northern Plains Resource Council v. U.S. Army Corps of Engineers, vacating Nationwide Permit (“NWP”) 12, a general permit issued by the Army Corps of Engineers (“Corps”) for pipelines and other utility projects. The case was brought, in…

Read More...

NEPA Review of Pipeline Project Upheld by D.C. Circuit – With Asterisk

On June 4, the D.C. Circuit issued a decision in Birckhead, et al. v. FERC, in which the petitioners challenged the Federal Energy Regulatory Commission’s (“FERC”) environmental review of a natural gas pipeline project.[1] Although the court ultimately rejected the challenge, the court suggested in dicta that FERC should do more to obtain information on…

Read More...

Trump White House Infrastructure Plan Includes Proposals to Streamline Permitting Processes

Last month, the White House released its “Legislative Outline for Rebuilding Infrastructure in America” (the “Infrastructure Plan” or “Plan”), which contains a wide range of proposals for facilitating the construction of infrastructure projects. In addition to financial incentives and investment programs, the Infrastructure Plan proposes a series of changes in federal permitting and environmental review…

Read More...

Executive Order Begins the Formidable Process of Dismantling Federal Efforts to Address Climate Change

On March 28, 2017, President Trump signed an Executive Order, titled “Promoting Energy Independence and Economic Growth,” that is designed to roll back several of President Barack Obama’s efforts to address climate change.  While some of the Executive Order’s provisions are self-executing, many will require lengthy administrative procedures to become effective and certainly will face…

Read More...