Friends of the Headwaters v. U.S. Army Corps of Engineers

On January 21, 2021, a new lawsuit was filed in the federal district court for the District of Columbia challenging permits issued by the U.S. Army Corps of Engineers for Enbridge Energy, LP’s Line 3 crude oil pipeline in Minnesota. The plaintiff asserted that the Corps failed to comply with the Clean Water Act, NEPA, Corps regulations, and the Administrative Procedure Act. The complaint’s allegations of NEPA noncompliance included that the Corps failed to consider the potential lifecycle greenhouse gas emissions from putting the Line 3 oil pipeline into service and the associated social cost of climate change. In a related case, the court on February 7 denied a motion for a preliminary injunction.