Green Groups Tell 9th Circ. Feds Flubbed Water Permit Policy

Law360 (May 21, 2020, 3:34 PM EDT) -- Environmental groups have asked the Ninth Circuit not to put on hold a Montana federal judge's decision to void a common nationwide water permit for use with new oil and gas pipeline construction, saying the fault lies with the federal government for ignoring its potential impact on protected species.

The Sierra Club and other groups said Wednesday the Army Corps of Engineers renewed the nationwide permit in 2017 without first consulting with other agencies to weigh the impact on protected species in violation of the Endangered Species Act's requirements. The lower court's ruling recognized the federal government's mistake and properly issued a nationwide...

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