Lawsuit seeks to block use of nationwide pipeline permit
(UI) — A coalition of environmental organizations has filed a federal lawsuit challenging the U.S. Army Corps of Engineers' Nationwide Permit 12 (NWP 12), arguing the permitting program unlawfully allows oil and natural gas pipeline projects to move forward without adequate environmental review.
Filed in the U.S. District Court for the District of Columbia, the lawsuit alleges NWP 12 violates the Clean Water Act, Endangered Species Act, National Environmental Policy Act and Administrative Procedure Act by authorizing pipeline crossings through waterways under a nationwide permit rather than requiring project-specific federal review.
The case specifically cites the proposed South System Expansion 4 and Mississippi Crossing natural gas pipeline projects, which together would add nearly 500 miles of pipeline across Mississippi, Alabama and Georgia.
According to the complaint, the projects would cross approximately 2,200 waterways and affect more than 11,000 acres while relying on NWP 12 for federal authorization.
Spencer Scheidt, a staff attorney with the Southern Environmental Law Center, said the permit limits public participation and weakens environmental oversight.
"For years, the Army Corps has cut the public out of the decision-making process for destructive pipelines that degrade local streams and waterways," Scheidt said.
The lawsuit argues that Nationwide Permit 12 is intended only for activities with minimal environmental impacts but has increasingly been used to authorize large-scale pipeline projects spanning hundreds of miles.
The plaintiffs also contend the permitting process allows pipeline developers to make initial determinations regarding potential impacts to threatened and endangered species instead of requiring comprehensive federal review.
If successful, the lawsuit could affect future use of Nationwide Permit 12 for oil and natural gas pipeline projects across the United States.
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