Environmental Law: Pipeline; NEPA; Endangered Species Act Clean Water Act: Nationwide Permit

摘要

Plaintiffs are seeking a declaratory judgment against several federal agencies " regarding the construction of the Flanagan South Pipeline (FS Pipeline) from Illinois to Oklahoma. The FS Pipeline will carry tar sands crude oil that is produced in Canada. Of the proposed 589-mile length of the FS Pipeline, 560 miles are located on private lands. The 29 miles consists of three different types of federal lands, some are under waters of the United States, some are beneath native American land and some is under land the federal government owns. As for the lands within waters of the United States, the pipeline operator filed a notice with the Corps for a general permit under the Clean Water Act. As for the lands under the jurisdiction of the Bureau of Indian Affairs (BIA), permits for right-of-way easements have been filed and BIA is reviewing them. As for the lands under the Corps' jurisdiction, the Corps is likewise reviewing the permits for a pipeline easement. Both the Corps and BIA request that the Fish and Wildlife Service (FWS) conduct a biological opinion so that a determination regarding the potential impact on endangered or threatened species under the Endangered Species Act.