Full Title: Nationwide Permit 12 Update: Permit that Allows for Expedited Approval for Certain Oil and Natural Gas Pipeline Activities Undergoing Additional Review
Author(s): Vinson & Elkins
Publisher(s): Vinson & Elkins
Publication Date: April 1, 2022
Full Text: Download Resource
Description (excerpt):
On March 28, 2022, the U.S. Army Corps of Engineers (“Corps”) published notice (“Notice”) that it is undertaking a formal review of Nationwide Permit (“NWP”) 12, one of over 50 general permits available nationwide that allow for streamlined approval of certain categories of activities that may affect federally jurisdictional waters and wetlands when the effects are no more than minimal. NWP 12, which authorizes oil and natural gas pipeline activities, has been a key component in allowing midstream companies and others to construct or repair pipelines in certain circumstances without having to go through the much more time-consuming and costly process of applying for an individual Clean Water Act Section 404 permit or a Rivers and Harbors Act Section 10 permit.