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Environmental Policies US Army Corps of Engineers Oil & Gas

Husch Blackwell LLP

Trump Executive Actions Impacting Renewable Energy

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On President Trump’s first and second days in office, the new administration released a flurry of executive actions, in the form of both memorandums and executive orders, focused on the energy industry:...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

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

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

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

Allen Matkins

California Environmental Law & Policy Update - May 2020 #5

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States sue over rollback of fuel efficiency standards - Bullet The San Diego Union-Tribune – May 27 - California, joined by nearly two dozen other states, the District of Columbia and the City of Los Angeles, on...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

Nossaman LLP

Feds Appeal NWP 12 Ruling

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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

Husch Blackwell LLP

Nationwide Permit (NWP) 12 Re-Opened For Non-Oil And Gas Pipeline Projects

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The economy may be stalled, but the use of Nationwide Permit (NWP) 12 just opened back up for non-oil and gas pipeline projects. A recent decision rocked the permitting community as a judge vacated NWP 12 outright because the...more

Nossaman LLP

NWP 12 Back in Play, Mostly

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On Monday, the United States District Court for the District of Montana issued an order amending its previous order, which had invalidated nationwide permit 12 (NWP 12) on the basis that the U.S. Army Corps of Engineers...more

Bricker Graydon LLP

Nationwide Permit 12 vacated and remanded to the Army Corps

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On April 15, 2020, the U.S. District Court for the District of Montana issued an order with potentially broad-sweeping implications for energy-related projects across the country. ...more

Nossaman LLP

Nationwide Permit 12 (NWP 12) Vacated on ESA Grounds

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On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. The court granted partial summary judgment in favor of...more

Holland & Knight LLP

Why EPA’s Clean Water Act Section 401 Guidance Will Have No Practical Impact on Pipeline Projects

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The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more

Holland & Hart LLP

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

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It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

Nossaman LLP

Army Corps of Engineers Floats Changes to Further Streamline Oil and Gas Pipeline Permitting

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The U.S. Army Corps of Engineers (Corps) issues nationwide permits (NWPs) to authorize discharge of dredged or fill materials to waters of the U.S. (WOUS) that require Department of the Army permits under Section 404 of the...more

Allen Matkins

California Environmental Law & Policy Update - February 2016 #3

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Environmental and Policy Focus - Proposed ballot initiative would shift funding from high speed rail to new water projects - Los Angeles Times - Feb 15 - The state’s powerful agriculture industry and its...more

Blank Rome LLP

More Pipeline Development Projects: What America Needs

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National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more

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