Vol. 44 No. 2

Theodore L. Garrett is a partner of the law firm Covington & Burling LLP in Washington, D.C. He is a past chair of the Section and is a contributing editor of Trends.

Keystone XL

A federal court denied the Sierra Club’s motion for a preliminary injunction to block the construction of segments of the Keystone XL pipeline. Sierra Club, Inc. v. Bostick, 2012 WL 3230552 (W.D. Okla. Aug. 5, 2012). Plaintiffs argued that the U.S. Army Corps of Engineers unlawfully concluded that the pipeline segments were covered by Nationwide Permit (NWP) 12. The court found that the Corps made the required minimal-impact determinations before reissuing NWP 12 and was not required to prepare a full environmental impact statement under National Environmental Policy Act. The court also rejected a challenge to NWP 12 as applied, concluding that the Corps offices consulted with one another to assess the cumulative impact of the entire project.

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