Wetland Wednesday
May 13, 2020
On April 15, 2020, Chief U.S. District Judge Brian Morris in Montana had canceled the Nationwide 12 permit that was associated with the TC Energy’s Keystone XL pipeline project. He had cited concerns related to the USACOE’s lack of coordination with the Endangered Species Act when it had issued the latest round of Nationwide permits. These permits are meant to reduce the regulatory burden on applicants by allowing minor wetland fills that have minimal environmental impact.
However, on May 11, 2020 the same federal judge revised his ruling to allow some non-pipeline projects to proceed.
“The need to protect endangered species and critical habitat from harm until the Corps completes programmatic consultation outweighs any disruption or permitting delays that would result from this partial vacatur,” Morris wrote according to Bloomberg Law.
TC Energy provided a statement to The Hill.
“Yesterday’s ruling continues to delay the construction of new oil and gas pipeline projects across the U.S., including Keystone XL. As a result, the ruling hampers putting thousands of Americans back to work when the nation faces unemployment rates in excess of 20 percent.”
The ruling on May 11, 2020 does not prevent the construction of pipelines. Nevertheless, the additional environmental reviews that would be required without a Nationwide permit will cause significant delays in the permitting process. These delays can extend for years as there is no set review time for an Individual permit. A great example of this in the I-540 project tin North Carolina. Environmental permit reviews had delayed the construction of this highway project for over 20 years.