Overview
Steptoe’s success for Enbridge Inc. in the US Court of Appeals for the Sixth Circuit was covered by Law360 in a July 1 article titled “Sierra Club Loses 6th Circ. Forest Pipeline Challenge.” The appellant in the case, the Sierra Club, argued that the US Forest Service had failed to comply with the National Environmental Policy Act (NEPA) with respect to the agency’s renewal of a special use permit that authorizes Enbridge’s Line 5 crude oil pipeline to cross the Huron-Manistee National Forest. The Sierra Club contended that the Forest Service was required to engage in an extensive environmental review process due to operational concerns over the safety of the line given an increase in the flow of oil in the pipeline, the presence of endangered species, and general controversy over the pipeline.
On June 30, the Sixth Circuit affirmed the ruling of the district court, finding that the Forest Service had fully complied with NEPA by relying on a categorical exclusion to renew the permit and that further environmental review was not warranted, primarily because the operational concerns raised by the Sierra Club were subject to the regulatory oversight of the US Department of Transportation and not the Forest Service.
The Steptoe team representing Enbridge was led by partner David Coburn with of counsel Josh Runyan.
The full article can be read at Law360 (subscription required).