ELR Citation: 42 ELR 20168
No(s). CIV-12-742-R (W.D. Okla. Aug 5, 2012) (Russell, J.)

A district court denied environmental groups' motion to preliminarily enjoin the construction of segments of the Keystone XL pipeline. After an oil company's original request to complete the Keystone XL pipeline was denied by President Obama in 2011, the company sought to divide its original intercontinental pipeline into segments. It sought verification that its projects fell within the scope of nationwide permit (NWP) 12, which authorizes the construction, maintenance, repair and removal of utility lines and assorted facilities, which includes pipelines. Each of the regional offices of the U.S. Army Corps of Engineers granted the requested verification, and environmental groups filed suit. They argue that the Corps violated the APA when it reissued NWP 12 in March 2012 and that the verifications issued by the Corps to the oil company were improper. They seek to enjoin the start of construction of the pipeline, which began on August 6, 2012, arguing that permitting the commencement of construction will result in irreparable injury. But the groups failed to establish a substantial likelihood of success on the merits. The Corps took the requisite "hard look" at the environmental consequences of its decision to issue NWP 12, the Corps did not act arbitrarily and capriciously in conducting its cumulative impact analysis and making a finding of no significant impacts, and it was not required to complete a full EIS. The Corp considered the potential impact on the environment based on anticipated NWP 12 permit usage during the five-year period that this version will be in effect, and it adopted mitigation efforts to offset temporary loss of waters of the United States and the conversion of wetlands for forested to scrub. The injunction, therefore, was denied.