Army Corps Appeals Court Decision Vacating NWP12 Program

The U.S. Army Corps of Engineers filed on May 13 an appeal with the Ninth Circuit Court of Appeals of the Montana U.S. District Court of the decision that vacated the authority of the Corps to issue new stream crossing permits under the Corps’ Nationwide 12 program.  The April 15 decision impacts both the Atlantic Coast Pipeline and the Mountain Valley Pipeline, as neither project has a valid NWP12 permit at this time.  At this writing, the Ninth Circuit has not indicated when the appeal will be considered.