Overview
Steptoe’s success for Enbridge Inc. in the US Court of Appeals for the DC Circuit was covered by Law360 and Bloomberg BNA. The appellant in the case, the Sierra Club, argued that the US Army Corps of Engineers and Bureau of Indian Affairs were required to conduct a project-wide environmental review before they could legally issue their respective permits for Enbridge’s Flanagan South pipeline, a 600-mile crude oil pipeline that extends between Illinois and Oklahoma. The Sierra Club also raised Endangered Species Act issues and alleged Clean Water Act violations.
On September 29, the DC Circuit rejected the Sierra Club’s arguments, agreeing with Enbridge and the US government that the minimal federal jurisdiction over the pipeline did not warrant a project-wide environmental review. The DC Circuit also agreed that the endangered species documents prepared by the US Fish and Wildlife Service did not trigger any stand-alone environmental review requirements, and that the Corps may utilize a Nationwide Permit multiple times for a crude oil pipeline project without needing to conduct further environmental review. The decision has far-reaching implications for future environmental reviews and federal permitting for other major infrastructure projects.
The Steptoe team representing Enbridge was led by partner David Coburn, with of counsel Cynthia Taub, and associates Josh Runyan and Glenna Riley.
The full articles can be read at Law360 and Bloomberg BNA (subscriptions required).