Oil and gas pipeline permitting under Nationwide Permit 12 (NWP 12) has been in a state of flux since April 2020, when a federal judge in Montana, presiding over a challenge to the Keystone XL Pipeline, vacated NWP 12. N. Plains Res. Council v. Army Corps of Eng’rs, No. 19-cv-44, (D. Mont. Apr. 15, 2020) (Document 130). NWP 12 is widely used by pipeline developers and energy projects during construction, maintenance, repair, and removal activities, to authorize certain stream and wetland crossings, and any resulting discharge of dredged or fill materials into waters of the United States under section 404 of the Clean Water Act (CWA).
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