Vol. 28, No. 6 ● May 12, 2020
Update: Nationwide Permit 12 Available (For Some)
NWP 12 addresses utility project impacts to wetlands and other Waters of the U.S.
On May 11, 2020, the U.S. District Court for the District of Montana amended their previous order which broadly vacated Nationwide Permit (NWP) 12 for all uses. The vacate order now only applies to the construction of new oil and gas pipelines. Therefore, NWP 12 can again be used to address impacts to Waters of the U.S. from all other non-oil and gas pipeline construction activities (such as electric transmission, water, sewer, and telecommunication lines).
NWP 12 will continue to be unavailable for the construction of new oil and gas pipelines pending completion of a Section 7 (Endangered Species Act) consultation. Note that routine maintenance and repair of existing oil and gas pipelines is allowed.
If you have questions in the meantime, please contact Christie Blevins or Robbie Clark in our Gainesville, Virginia office, Mark McElroy in our Virginia Beach office, or Mike Klebasko in our Millersville, Maryland office.