Akhbari’s summary of NWP-12 featured in Current magazine
Since April 2020, a pending court case has left energy-related projects that rely on the United States Army Corps of Engineers’ Nationwide Permit 12 (NWP-12) authorization under uncertainty. NWP-12 is a widely-used permit that helps developers complete projects in an efficient and timely manner. However, in Northern Plains Resource Council, et al. v. United States Army Corps of Engineers, et al., the permit, as it relates to the Keystone XL Pipeline, has been challenged.
Environmental attorney Elyse Akhbari, who has been monitoring the case closely on behalf of our clients, provides a summary of the case and its implications in the Summer 2020 issue of Current magazine, a publication of POWER Engineers Environmental. Giving a timeline of the permit, Akhbari details the ups and downs of the case and how it may affect related projects. She advises that “[d]ue to the interim nature of the decision by the Supreme Court, the regulated community should remain attentive to developments in this case and announcements from the Corps regarding their intention to begin processing NWP-12 again.”