• Suit Filed in Federal District Court Seeking to Invalidate Corps Use of Nationwide Permit 12 for Construction, Maintenance, Repair, and Removal of Utility Lines and Associated Facilities
  • July 27, 2012
  • Law Firm: Hunton Williams LLP - Richmond Office
  • On June 29, 2012, the Sierra Club and two other advocacy groups filed suit in federal district court challenging the U.S. Army Corps of Engineers’ (Corps) issuance of nationwide permit (“NWP”) 12 and the Corps’ reliance on NWP 12 to authorize the Keystone Pipeline Gulf Coast Project. Sierra Club, Inc. v. Bostick, 5:12-cv-00742 (W.D. Okla. 2012). The plaintiffs allege that the Corps violated the Clean Water Act (CWA), Administrative Procedure Act (APA) and National Environmental Policy Act (NEPA) by reissuing NWP 12 and authorizing work associated with the Keystone Pipeline Gulf Coast Project. The complaint is a wholesale attack on the validity of the recent reissuance of NWP 12 and seeks a declaration that NWP 12 is null and void throughout the nation. The complaint also requests that the district court vacate any Corps authorization of the Keystone Pipeline Gulf Coast Project under NWP 12 and issue preliminary and permanent injunctions against any Keystone activities undertaken in reliance on NWP 12.