August 2020, Vol. 247, No. 8

A Week Like no Other

Supreme Court Reinstates Permit 12, Excludes Keystone XL

By Jeff Awalt, Executive Editor The U.S. Supreme Court reinstated the Army Corps of Engineers’ (Corps) use of Nationwide Permit 12 but refused to let TC Energy resume construction of its Keystone XL pipeline under the fast-track permit.  U.S. District Judge Brian Morris of Montana ruled in April that the Corps violated federal law by failing to adequately consult on risks to endangered species and habitat, and that it must comply before it can apply the nationwide permit to any project. That ruling not only affected Keystone XL, but also threatened to delay more than 70 pipeline projects across the United States and add up to $2 billion in costs,

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