U.S. Army Corps of Engineers v. Northern Plains Resource Council

The U.S. Army Corps of Engineers submitted an application to Justice Kagan for stay pending appeal of a district court order that enjoined the authorization of new oil and gas pipelines under Nationwide Permit (NWP) 12 due to a failure to comply with the consultation requirements of the Endangered Species Act. The Ninth Circuit denied motions to stay in late May. The Corps argued to the Supreme Court that the district court “had no warrant” to set aside NWP 12 for the Keystone XL pipeline project, “let alone for the construction of all new oil and gas pipelines anywhere in the country.” The Corps contended that nationwide equitable relief was improper, that the order was issued without fair notice, and that the order lacked any sound basis in the Endangered Species Act.