The U.S. Army Corps of Engineers (Army Corps) issued its final rule on January 13, 2021, modifying and reissuing 12 existing nationwide permits (NWPs) and issuing four entirely new NWPs, which went into effect on March 15,...more
Update: On September 15, 2020, the Army Corps published a notice of proposed rulemaking in the Federal Register (85 FR 57298) for the reissuance and modification of its Nationwide Permits....more
On August 3, 2020, the U.S. Army Corps of Engineers announced a proposal to renew and revise its 52 nationwide permits and issue five new nationwide permits. Nationwide permits, which are general permits that authorize work...more
On July 6, 2020, the U.S. Supreme Court granted in part and denied in part the U.S. Army Corps of Engineers’ application for stay of the order issued by the U.S. District Court of Montana....more
7/9/2020
/ Appeals ,
Article III ,
Clean Water Act ,
Constitutional Challenges ,
Emergency Orders ,
Endangered Species Act (ESA) ,
Injunctions ,
Irreparable Harm ,
Motion To Stay ,
Nationwide Permits (NWPs) ,
NEPA ,
Pipelines ,
SCOTUS
Update June 17, 2020: On June 15, 2020, the U.S. Army Corps of Engineers filed an application to the U.S. Supreme Court for a stay of the April 15, 2020, order (amended May 11, 2020) issued by the U.S. District Court of...more
6/18/2020
/ Article III ,
Clean Water Act ,
Constitutional Challenges ,
Endangered Species Act (ESA) ,
Energy Projects ,
Equitable Relief ,
Injunctions ,
Irreparable Harm ,
Keystone XL Pipeline ,
Motion To Stay ,
Nationwide Permits (NWPs) ,
NEPA ,
Oil & Gas ,
Pipelines ,
SCOTUS ,
US Army Corps of Engineers ,
Vacatur
Update May 29, 2020: On May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit issued an order denying the appellants’ emergency motions for a partial stay of the district court’s April 15, 2020, and May 11, 2020,...more
Bricker & Eckler and Hull & Associates will discuss the potential impacts and outcomes of recent activities in the area of surface water permitting. Specifically, we will be addressing the court ruling in Northern Plains...more
5/19/2020
/ Clean Water Act ,
Endangered Species Act (ESA) ,
Energy Projects ,
General Permit ,
Keystone XL Pipeline ,
Nationwide Permits (NWPs) ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Oil & Gas ,
Pipelines ,
Surface Water ,
US Army Corps of Engineers ,
Vacated ,
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