Trade Groups, 17 States Blast Hold On Key Nationwide Permit

Law360 (September 24, 2020, 6:03 PM EDT) -- Energy companies, electrical workers and states have called a Montana federal judge's decision to vacate a nationwide water permit used for pipeline construction as drastically overbroad and a threat to America's electrical system.

In a slew of amicus briefs filed Wednesday, the groups urged the Ninth Circuit to vacate the lower court's April decision, which originally put a plug on the permit issued by the U.S. Army Corps of Engineers on the grounds that it wasn't properly vetted under the Endangered Species Act. The Montana order was later limited in May to vacate the permit for only new pipeline projects and...

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