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Modrall Sperling Law Firm

Month: May 2020

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Court Resuscitates NWP 12 But Only for Non-Pipeline Projects

The United States District Court for the District of Montana breathed partial life back into Nationwide Permit 12 (NWP 12) in its May 11, 2020 decision limiting the scope of its April 15, 2020 vacatur of NWP 12 to new construction of…

Revisiting and Updating the Dakota Access Pipeline Controversy

Federal Court Orders U.S. Army Corps of Engineers to Prepare An Environmental Impact Statement[1]   In a March 25, 2020 decision, issued over two and a half years after his remand of the Corps’ permitting approval authorizing construction of an oil pipeline…