Tag Archives: Nationwide Permit 12

Green Groups Sue Army Corps of Engineers Over Nationwide Pipeline Permit

“There’s simply no justification for allowing destructive and dangerous pipelines to avoid rigorous environmental review.”

By Brett Wilkins, staff writer for Common Dreams. Published 5-3-2021

In December 2016, the Belle Fourche pipeline spilled 180,000 gallons of crude oil into the Ash Coulee Creek in North Dakota, just three hours’ drive from the site of a massive Indigenous-led protest against the Dakota Access Pipeline at Standing Rock. (Photo: Jennifer Skjod/North Dakota Department of Health)

Five eco-advocacy groups sued the U.S. Army Corps of Engineers on Monday for allegedly violating federal law by issuing a nationwide fossil fuel pipeline permit without adequate analysis of its environmental impacts.

The lawsuit (pdf)—filed in a federal district court in Montanta by the Center for Biological Diversity (CBD), Sierra Club, Montana Environmental Information Center, Friends of the Earth, and Waterkeeper Alliance Inc.—accuses the U.S. Army Corps of Engineers (USACE) of violating the Endangered Species Act (ESA), the National Environmental Policy Act, the Clean Water Act, and the Administrative Procedure Act by reissuing Nationwide Permit 12 (NWP 12) “without adequately assessing its significant direct, indirect, and cumulative environmental effects.” Continue reading

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In Latest Legal Blow to Trump and Dirty Energy, Federal Appeals Court Upholds Block on Keystone XL Permit

“Contrary to what the Trump administration has argued, the law is clear. We won’t sacrifice imperiled species so giant corporations can profit from the dirty fossil fuels that pollute our waters and climate.”

By Jon Queally, staff writer for Common Dreams. Published 5-28-2020

“The Trump administration has repeatedly violated the law in its relentless pursuit of seeing Keystone XL built, and it would have been unconscionable to allow this pipeline to be built through rivers, streams and wetlands while it remains tied up in court,” said Doug Hayes, a senior attorney with Sierra Club, following the ruling by the Ninth Circuit. (Photo: Tar Sands Blockade)

In another legal victory for opponents of Keystone XL and similar pipelines, the U.S. Court of Appeals for the Ninth Circuit on Thursday upheld a lower court ruling that suspended a federal fast-track permit for the controversial tar sands project that campaigners for nearly a decade have opposed as a climate-destroying effort of the first order.

Siding with the previous ruling and against the Trump administration, the court’s ruling said the government and fossil fuel companies behind the project “have not demonstrated a sufficient likelihood of success on the merits and probability of irreparable harm to warrant a stay pending appeal.” Continue reading

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Again Finding US Permit Invalid, Federal Court Upholds Block on ‘Climate-Busting’ Keystone XL Construction

Again Finding US Permit Invalid, Federal Court Upholds Block on ‘Climate-Busting’ Keystone XL Construction

By Julia Conley, staff writer for Common Dreams. Published 5-12-2020

“Bedrock laws that protect our water and the livelihoods of farmers, ranchers, tribal members, and rural communities cannot simply be ignored as the court recognized again today,” said Dena Hoff, a Northern Plains Resource Council member and a farmer in Montana. (Photo: Elvert Barnes/Flickr/cc)

A federal judge on Monday denied the U.S. Army Corps of Engineers’ request to amend his earlier ruling regarding TC Energy’s Keystone XL pipeline, reaffirming that a permit issued by the Army Corps was invalid.

Chief U.S. District Judge Brian Morris ruled again that the U.S. Army Corps of Engineers (USACE) violated the Endangered Species Act when it issued Nationwide Permit 12, which allows companies to construct energy projects at water crossings. Continue reading

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