Description: Challenge to issuance of 2017 Nationwide Permit (NWP) 12 and the verification of the use of NWP 12 for the Byhalia crude oil pipeline.
Memphis Community Against Pollution, Inc. v. U.S. Army Corps of Engineers
Filing Date Type File Action Taken Summary 08/13/2021 Notice of Voluntary Dismissal Download Notice of voluntary dismissal filed by plaintiffs. Challenge to Crude Oil Pipeline Voluntarily Dismissed After Developer Abandoned Project. On August 13, 2021, three environmental organizations voluntarily dismissed their federal lawsuit challenging the U.S. Army Corps of Engineers’ authorization of the Byhalia crude oil pipeline under Nationwide Permit 12. The organizations’ notice reported that the pipeline developer had abandoned the project and the approvals at issue in the litigation. 06/23/2021 Complaint Download First supplemental complaint filed. 04/01/2021 Complaint Download Complaint filed. Environmental Groups Challenged Use of Nationwide Permit 12 to Authorize Crude Oil Pipeline. Three environmental organizations filed a lawsuit in federal district court for the Western District of Tennessee challenging the U.S. Army Corps of Engineers’ 2017 issuance of Nationwide Permit 12 (NWP 12), as well as the Corps’ verification of use of NWP 12 for the Byhalia crude oil pipeline. The organizations asserted claims under the National Environmental Policy Act, the Clean Water Act, and the Administrative Procedure Act. The complaint alleged, among other things, that the Corps failed to take a hard look at the climate change impacts of the 2017 issuance of NWP 12—which covered utility lines, including pipelines. The organizations alleged that potential climate impacts included increased life-cycle greenhouse gas emissions from oil and gas pipeline approval under NWP 12.