• Mark Ryan

A New Pipeline Case and More WOTUS Litigation

Enviro groups continue to litigate aggressively against pipelines with mix results, at best. See the Sierra Club case below. As expected, a large collection of industry trade groups has intervened in the WOTUS case brought by enviro groups in Washington. If the Trump administration is no longer in power next year, DOJ will likely stop defending these cases, which will require the industry groups to step in to defend.

Puget Soundkeeper Alliance v. EPA, 2020 WL 5095463 (W.D. Wash. 2020) (granting motion by industry groups to intervene as defendants in challenge to 2020 WOTUS rule)

Sierra Club v. USACOE, 2020 WL 5096947 (W.D. Tex. 2020) (denying motion for PI in challenge to gas pipeline construction project authorized under NWP 12, held that plaintiffs had standing to file the challenge, but could not show irreparable harm where much of the construction (and alleged harm) had already occurred or where the harm was too speculative)

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