Nationwide Water Permit Ban Limited To New Pipelines

By Keith Goldberg (May 12, 2020, 5:04 PM EDT) -- A Montana federal judge on Monday said the federal government can't use a recently vacated nationwide water permit for new pipelines while it appeals his ruling to the Ninth Circuit, but said the permit remains valid for nonpipeline construction activities and work on permitted infrastructure projects.

Siding with environmental groups that had challenged Nationwide Permit 12 and the U.S. Army Corps of Engineers' use of it to approve the controversial Keystone XL pipeline, U.S. District Judge Brian Morris slightly narrowed the applicability of his April 15 decision vacating the permit.

Judge Morris said only applying his ruling to new oil and gas...

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