Reinstatement of Army Corps’ NWP 12 Authority Denied by Appeals Court

The Ninth Circuit Court of Appeals denied on May 28  a request of the U.S. Corps of Engineers and the owner of the Keystone XL Pipeline to reinstate the Nationwide Permit 12 (NWP12) authority of the Corps.  A federal district court in Montana had ruled on April 15 that the Corps had violated the Endangered Species Act (ESA) in issuing the current NWP12 and revoked the Corps’ authority to issue any new permits for pipeline projects to cross streams and rivers.