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The Climate Litigation Database

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

Geography
🇺🇸 United States of America → Montana
Year
2019
Document Type
Litigation
Part of
Northern Plains Resource Council v. U.S. Army Corps of Engineers

About this case

Filing year
2019
Status
Application for stay granted in part.
Geography
🇺🇸 United States of America → Montana
Docket number
19A1053
Court/admin entity
United States → United States Federal Courts → U.S.
Case category
Federal Statutory Claims (US) → Clean Water Act (US)Federal Statutory Claims (US) → NEPA (US)
Principal law
United States → Administrative Procedure Act (APA)United States → Clean Water Act (CWA)United States → National Environmental Policy Act (NEPA)
At issue
Document with title of Northern Plains Resource Council v. U.S. Army Corps of Engineers
Topics
, ,  

Documents

Each case in our database can contain one or more documents.

Filing Date
Document
Type
Topics
07/06/2020
U.S. Army Corps of Engineers v. Northern Plains Resource Council - decision
Application for stay granted in part.
On July 6, 2020, the U.S. Supreme Court stayed a district court’s order that enjoined the authorization of all 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 injunction remains in place for the Keystone XL pipeline.
Decision
07/02/2020
Reply filed in support of application for stay pending appeal.
Challenge to U.S Army Corps of Engineers approval of Keystone XL pipeline project under the reissued Nationwide Permit 12 for pipeline and utility projects.
Reply
06/29/2020
Motion for leave to file amicus brief and brief filed by NextEra Energy, Inc.
Challenge to U.S Army Corps of Engineers approval of Keystone XL pipeline project under the reissued Nationwide Permit 12 for pipeline and utility projects.
Amicus Motion/Brief
06/29/2020
Opposition filed to application for stay pending appeal.
Challenge to U.S Army Corps of Engineers approval of Keystone XL pipeline project under the reissued Nationwide Permit 12 for pipeline and utility projects.
Opposition
06/23/2020
Motion for leave to file amicus brief and brief filed by West Virginia, Texas, and 16 other states.
Challenge to U.S Army Corps of Engineers approval of Keystone XL pipeline project under the reissued Nationwide Permit 12 for pipeline and utility projects.
Amicus Motion/Brief
06/17/2020
Brief filed by respondents TC Energy Corporation and TransCanada Keystone Pipeline LP in support of application for stay pending appeal.
Challenge to U.S Army Corps of Engineers approval of Keystone XL pipeline project under the reissued Nationwide Permit 12 for pipeline and utility projects.
Brief
06/17/2020
Brief filed by trade group respondents in support of application for stay pending appeal.
Challenge to U.S Army Corps of Engineers approval of Keystone XL pipeline project under the reissued Nationwide Permit 12 for pipeline and utility projects.
Brief
06/15/2020
Application for stay pending appeal submitted.
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.
Application

Summary

Challenge to U.S Army Corps of Engineers approval of Keystone XL pipeline project under the reissued Nationwide Permit 12 for pipeline and utility projects.

 Topics mentioned most in this case

See how often Topics get mentioned in this case and view specific passages of text highlighted in each document.

Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance