The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps of Engineers (“Corps”) challenging its reissued Clean Water Act Nationwide Permit (“NWP”) 12.
NWP 12 is a general permit issued pursuant to Section 404(e) of the Clean Water Act relevant to oil and gas pipeline construction.
The NWP 12 reissued in 2021 replaces a 2017 version of the permit.
The United States District Court for the District of Montana previously determined that the Corps violated the Endangered Species Act (“ESA”) by failing to undertake a programmatic ESA Section 7 consultation with the United States Fish and Wildlife Service to consider the cumulative adverse environmental effects of discharges on protected species and their critical habitat in issuing the 2017 NWP 12. See Northern Plains Resource Council et al. v. U.S. Army C
The chief executive officer of the American Great Lakes Ports Association likes to use an airport analogy as a way of pointing out what happens when the shipping season opens
The application is stated to have been submitted by Crooked Creek Revival, LLC (“Crooked Creek”).
The Corps public notice states that the Reservoir would be constructed in jurisdictional areas for the purpose of constructing a levee (with water control structure). The project would be located within the Bayou Meto Drainage Basin in Lonoke County, Arkansas.
A further description of the project states that the purpose of the reservoir is to impound an existing low-lying area during the winter months to provide seasonal habitat and hunting opportunities for migrating and wintering waterfowl.
The Reservoir would be approximately seven acres in size. Further, the levee is described as approximately 230 feet long, 18 feet wide at the base, 10 feet wide at the crest, and an average of six feet high. Partial seasonal inundation through precipitation and overflow from the adjacent Crooked Creek is stated to be partially received.
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Thursday, April 29, 2021
After a slow start, the offshore wind industry in the United States is finally poised to take off. Just last month, the Department of the Interior’s (DOI) Bureau of Ocean Energy Management (BOEM) finalized its environmental analysis relating to the first proposed large-scale, commercial wind farm offshore the United States. This not only signaled that BOEM will likely permit that project to move forward with operations but also established a framework for BOEM’s use as it considers proposals for additional commercial-scale wind projects. Also last month, the Biden administration announced its interagency plan to “catalyze offshore wind energy[.]” Against this backdrop of increasing activity and investment in the offshore wind industry, this article outlines DOI’s regulatory framework for offshore wind leases, including the division of roles and responsibilities between DOI’s subagencies the BOEM and the Bureau of Safety and Enviro