DC District Court upholds Corps' NWP 12 verification of wastewater pipeline but relies on plaintiff-friendly view of standing to reach environmental groups' claims *

USA - May 3 2013
On April 10, 2013, the US District Court for the District of Columbia granted summary judgment for the US Army Corps of Engineers ("Corps") in a suit…

Co-authors: Deidre G. Duncan, Karen C. Bennett, Karma B. Brown, Kerry L. McGrath, Andrew D. Knudsen.

Suit filed in Federal District Court seeking to invalidate Corps use of nationwide permit 12 for construction, maintenance, repair, and removal of utility lines and associated facilities *

USA - July 23 2012
On June 29, 2012, the Sierra Club and two other advocacy groups filed suit in federal district court challenging the U.S. Army Corps of Engineers’ issuance of nationwide permit 12 and the Corps’ reliance on NWP 12 to authorize the Keystone Pipeline Gulf Coast Project. Sierra Club, Inc. v. Bostick, 5:12-cv-00742 (W.D. Okla. 2012).

Co-authors: Craig A. Bromby, Brooks M. Smith, Deidre G. Duncan, Mark G. Weisshaar, Kerry L. McGrath.

New Clean Water Act Section 404 nationwide general permits continue important permitting mechanisms but establish additional requirements *

USA - February 22 2012
The U.S. Army Corps of Engineers announced the issuance of final nationwide general permits (“NWPs”) for the next five-year cycle.

Co-authors: Deidre G. Duncan, Karen C. Bennett, Mark G. Weisshaar.