Federal Ruling Prohibits Use of Nationwide Permit 12 Affecting Energy Development Projects Across the Nation
The federal court’s decision, part of a ruling in the Keystone XL Pipeline lawsuit, will have an impact on the planning and permitting of thousands of energy development projects across the nation including gas pipelines, powerlines, and waterlines.
The court found that the Army Corps of Engineers had failed to conduct consultation under Section 7 of the federal Endangered Species Act when reissuing the Nationwide Permit 12 (NWP 12) in 2017.
Utility line projects rely on NWP 12 to avoid the prolonged and costly process of obtaining individual Clean Water Act Section 404 permits. NWP 12 can be used to cross multiple wetlands and streams for a given utility line project provided the impacts to these waters are minor. In addition to reducing the permitting time frame, use of NWP 12 does not require public notification, which eliminates the opportunity for project opponents to comment.
As a result of the federal court’s ruling, utility line and infrastructure projects will not be able to use NWP 12.