Environmental Groups Sue Army Corps Over Pipeline Permit
Environmental organizations have sued the U.S. Army Corps of Engineers, alleging its reissued Nationwide Permit 12 unlawfully streamlines oil and gas pipeline construction through wetlands and waterways without adequate environmental review.
(P&GJ) — A coalition of environmental organizations has filed a lawsuit against the U.S. Army Corps of Engineers, alleging the agency unlawfully reissued Nationwide Permit 12, a program that authorizes certain oil and gas pipeline activities affecting wetlands, streams and other waters under the Clean Water Act.
Filed in federal court on July 22, the lawsuit contends the Corps violated the Endangered Species Act, Clean Water Act and National Environmental Policy Act by reissuing the nationwide permit without adequately evaluating its impacts on waterways, wetlands and federally protected species.
Nationwide Permit 12 allows qualifying utility line activities, including oil and gas pipelines, to receive streamlined federal authorization for certain water crossings, reducing or eliminating the need for individual permit reviews.
The plaintiffs argue the Corps failed to comply with a 2020 federal court ruling that required consultation with federal wildlife agencies before reissuing the permit. They also allege the agency did not adequately assess the cumulative environmental effects of pipeline construction or the potential impacts on protected species and aquatic resources.
According to the lawsuit, the Corps estimates Nationwide Permit 12 will be used about 3,700 times annually, or roughly 18,500 authorizations during the permit's five-year term, affecting approximately 1,500 acres of U.S. waters.
Meg Townsend, senior freshwater attorney at the Center for Biological Diversity, said the lawsuit seeks to require the Corps to comply with federal environmental laws.
"We're not going to let the Army Corps abandon its obligation to protect our nation's waters and imperiled wildlife in favor of dangerous pipelines," Townsend said.
Daniel Estrin, general counsel and legal director for Waterkeeper Alliance, said the permit allows pipeline projects to proceed with limited environmental review.
"We're filing suit because our waterways, communities and wildlife deserve protection, not a rubber stamp," Estrin said.
The lawsuit follows earlier litigation challenging previous versions of Nationwide Permit 12. In 2020, a federal court in Montana ruled the Corps had violated the Endangered Species Act by failing to consult with federal wildlife agencies before using the permit to authorize the Keystone XL pipeline. The current plaintiffs argue the Corps reissued the permit without addressing those legal deficiencies.
The U.S. Army Corps of Engineers had not responded publicly to the lawsuit at the time of publication.