Federal Court Narrows the verdict for the Nationwide Permit 12

On April 15, 2020, a federal court judge for the U.S. District Court for the District Of Montana ordered the Army Corps of Engineers’ (USACE) to halt its Nationwide Permit (NWP) #12 process for pipeline and power line projects over federally protected waters. This order also vacated the use of the Kentucky Division of Water’s corresponding general certification.

On May 11, in response to a motion by the Corps, the federal court narrowed the scope of the April 15, 2020 verdict as follows: NWP 12 is vacated as it relates to the construction of new oil and gas pipelines but authorizes other utility construction, routine maintenance, inspection, and repair activities on existing NWP 12 projects as defined in the federal Register under Nationwide Permit 12, Utility Line Activities.

The Division of Water is again able to certify some utility activities through the corresponding general certification.

Questions about the application process or the recent court order can be emailed to 401WQC@ky.gov.