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Environmentalists, Labor Clash Over Army Corps’ Pipeline Permit Review

Inside EPA recently quoted Bracewell’s Ann Navaro, Daniel Pope and Taylor Stuart from their March update on Nationwide Permit 12 (NWP 12) on how implementing a notice-and-comment process for specific uses of an NWP 12 would be a significant departure from the intent of the nationwide permit program and from its implementation history.

“While NWPs have long been designed for efficiency when a private applicant is conducting minimally impactful activities under the CWA or [Rivers and Harbors Act], the Army’s review of NWP 12 could result in revocation of the permit or substantial changes in applicability or implementation,” the lawyers wrote.

NWP 12 is a streamlined permit that covers activities required for the construction, maintenance, repair and removal of oil and natural gas pipelines.

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