Vol. 28, No. 9 ● July 7, 2020
Update: Nationwide Permit 12 Available AGAIN
On July 6, 2020 the U.S. Supreme Court determined that the U.S. Army Corps of Engineers (Corps) may resume use of Nationwide Permit (NWP) 12, responding to the agency’s request for a review. NWP 12 is used to authorize impacts to Waters of the U.S. from utility line activities when certain criteria are met. Projects that fall under NWP 12 include oil and gas pipelines, water lines, sewer lines, telecommunication lines, and electrical transmission.
This decision ends the wait that started April 15, 2020 when the U.S. District Court for the District of Montana halted use of NWP 12, finding that the Corps had not sufficiently assessed the cumulative impacts to endangered species. That court lifted restrictions for non-oil and gas pipeline activities with a May 11, 2020 amendment. These actions were in response to the Court’s review of the Keystone XL oil pipeline, and NWP 12 is still not available for that project.
If you have questions, Wetland Studies and Solutions, Inc. is ready to help. Please contact Christie Blevins or Robbie Clark in our Gainesville, Virginia office, Mark McElroy in our Virginia Beach office, or Mike Klebasko in our Millersville, Maryland office.