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How Will Nationwide Permit 12’s Overturn Affect Renewable Energy Projects?

On 15 April 2020, a federal district court in Montana issued a sweeping decision to vacate the U.S. Army Corps of Engineers’ (Corps) Nationwide Permit 12 (NWP 12) authorization in response to a challenge to the Keystone XL Pipeline.

The ruling has broad implications for energy project developers across the country that rely on NWP 12 to extend utility lines and related facilities across waterbodies regulated by Section 404 of the Clean Water Act (CWA), but renewable energy projects may have unique alternatives to NWP 12 available while the decision is pending likely appeal.
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