COURT FREEZES NEW PIPELINE PERMITTING

WASHINGTON – A federal district court judge in Montana has decided to stand by his April ruling that shut down the use of an Army Corps of Engineers general permit for pipeline projects. This decision could delay dozens of projects across the country. Chief Judge Brian Morris of the U.S. District Court for the District of Montana tailored the scope of his ruling further “to bar the Army Corps of Engineers from using its streamlined Clean Water Act permit for the construction of new oil and gas pipelines, but allowed its use for other construction projects, as well as routine maintenance of existing projects.”

In a case that relates specifically to the Keystone XL pipeline, Morris ruled that the Corp’s nationwide permit was invalid due to the fact that the Corps did not consult with the Fish and Wildlife Service to see if it would endanger animals and plants protected by the Endangered Species Act. Morris has rejected the arguments of the Trump administration in their attempts to revive the permits.

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