Analysis

Project Developers Pivot After Nationwide Permit Upended

Law360 (April 27, 2020, 9:24 PM EDT) -- Attorneys are scrambling to find creative solutions and salvage time-sensitive projects after a Montana federal judge voided a nationwide permit relied on by developers to get pipelines, renewable energy projects and other major infrastructure off the ground.

Fallout has been swift after U.S. District Judge Brian Morris on April 15 vacated Nationwide Permit 12, which is used by the U.S. Army Corps of Engineers to give streamlined approval to many infrastructure projects, in a case brought by environmentalists challenging the construction of TC Energy Corp.'s Keystone XL pipeline. The Corps has reportedly reacted by halting the approval process for projects that...

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