Army Corps of Engineers

Williams & Co. Stumble in Pipeline Project: Did NYS Just Create a Playbook?

August 21, 2017 Jamison Colburn Army Corps of Engineers, CWA Section 401, FERC, fracking, pipelines constitution pipeline, FERC, fracking, risk

The New York State Department of Environmental Conservation (NYSDEC) is the authorized agency implementing New York’s Clean Water Act water quality standards. The extraordinary thing about these standards is that federal projects that might violate those standards cannot just be waived through by a federal agency in control. Only the authorized state can do that […]

Jobs v. Wilderness? NEPA’s Role in Enforcing (Other) Environmental Laws

June 9, 2017 Jamison Colburn Army Corps of Engineers, mining, segmentation copper mining, hard rock mining, Montanore, risk

The proposed Montanore mine in northwest Montana is a combined copper/silver behemoth, aimed at extracting some 12½ thousand tons of ore per day—virtually all of it from beneath the Cabinet Mountains Wilderness (CMW). This sort of mining is a dirty affair and the tailings and other wastes are a major concern in this project. (See […]

DAPL: The Winter of Trump’s Environmental Agenda?

March 6, 2017 Jamison Colburn Army Corps of Engineers, FONSI, judicial relief, pipelines DAPL, pipelines, risk, Standing Rock

The world waits as the D.C. Circuit Court of Appeals weighs the Standing Rock Sioux Tribe’s (SRST) appeal in their case opposing the Army Corps of Engineers’ approval of the Dakota Access Pipeline (DAPL) crossing Lake Oahe. In the end, the argument on appeal comes down to a NEPA claim: that the Corps should’ve prepared […]

5.22.18 E&E News reports that many see a long road ahead for any overhaul of 1978 rules.

5.16.18 McCabe, Giles pen sharp criticism of CEQ’s threatened overhaul of 1978 rules, anticipating partisan opportunism.

5.13.18 Conservation groups sue Dept. of Interior on announced plan to scrap Sage Grouse conservation plans, citing NEPA.

The preliminary injunction granted by a district court last month halting all work on the Bayou Bridge pipeline in the Atchafalaya Basin will be reviewed in a hearing before a 5th Circuit panel today.

E&E News calls the new MOU between 20 federal agencies on “One Federal Decision” a diversion and ‘nothing new to see here.’

Business Insider reports: 5G cell system roll-out to be sped up by new FCC rules limiting NEPA reviews.

Is the Trump Administration’s “One Federal Decision” proposal scapegoating NEPA in infrastructure proposal? The Atlantic digs in.

Inside Climate News reports: Trump administration unwilling to say if it will appeal PRB leasing set-back to the Ninth Circuit.

Prof. Bell’s careful analysis of a recent 10th Circuit case: The NEPA contractor’s documents and their being subject to a FOIA application’s reach.

EPA Adm’r Pruitt orders review of EPA’s role in permitting and EIS review: Pruitt Memo (March 2018)

Food & Water Watch to target government loans to CAFOs with NEPA suit?

NEPA violations at Fermi 3? Beyond Nuclear petitions SCOTUS.

CEQ still needs a chair. Here’s a list of the candidates.

Category: Army Corps of Engineers