Environmental organizations filed a lawsuit against the U.S. Army Corps of Engineers, challenging the agency’s approval of a revised Nationwide Permit 12 that facilitates oil and gas pipeline construction across wetlands, streams, and rivers throughout the country. The groups argue the permit was issued in January without adequate environmental analysis and violates multiple federal statutes designed to protect water resources and endangered species.
The lawsuit centers on allegations that the Corps circumvented requirements under the Endangered Species Act by failing to consult with wildlife agencies before approving the permit. A federal court previously ruled in 2020 that such consultation was legally mandatory, but the plaintiffs contend the Corps disregarded that decision when reissuing the permit. The groups also assert violations of the Clean Water Act and the National Environmental Policy Act, claiming the agency did not fully evaluate potential harms from pipeline construction and operation in aquatic environments.
Nationwide Permit 12 operates as a streamlined authorization mechanism that allows certain categories of activities to proceed with minimal environmental review. According to the Corps’ estimates, the permit is expected to be utilized approximately 3,700 times annually, or roughly 18,500 times over its anticipated five-year period, directly affecting approximately 1,500 acres of U.S. waters. The lawsuit emphasizes that this expedited process allows projects to avoid public notice requirements and detailed environmental scrutiny.
The organizations stress that the permit threatens sensitive aquatic habitats and species dependent on wetlands, including critically endangered sturgeon and hundreds of migratory bird species. The case references a similar legal challenge filed in 2019 against a prior version of the permit, which resulted in a Montana federal court ruling that the Corps had violated the Endangered Species Act. The latest litigation represents a continued effort to enforce legal protections for waterways and wildlife from infrastructure development authorized under the nationwide permit program.
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