Army Corps Argues New CWA General Permit Moots Keystone XL Appeal

摘要

The Army Corps of Engineers is asking a federal appeals court to vacate a lower court's ruling that found fault with a Clean Water Act (CWA) general permit used to approve the Keystone XL pipeline, arguing that the issuance of a new version of the permit and other issues makes a pending appeal moot. During the Trump administration, the Corps argued to the U.S. Court of Appeals for the 9th Circuit in Northern Plains Resource Council, et al. v. Army Corps of Engineers, et al. that the U.S. District Court for the District of Montana erred when it found the Corps should have conducted an Endangered Species Act (ESA) consultation before issuing the 2017 version of nationwide permit 12 (NWP 12).