ELR Citation: 54 ELR 20146
No(s). 23-3682 and 24-3831 (6th Cir. Oct 11, 2024)

In an unpublished opinion, the Sixth Circuit granted environmental groups' motion to stay CWA permits issued for construction of a proposed pipeline in Tennessee. The groups argued the Tennessee Department of Environment and Conservation (TDEC) and the Army Corps of Engineers violated the CWA by failing to consider viable water-crossing alternatives for the proposed route, resulting in impermissible detrimental environmental impact from the pipeline's construction. The court found the groups were at risk of considerable irreparable harm absent a stay, given that TDEC's approval of the §401 application authorized "permanent impacts" to 0.03 acres of wetland and 490 linear feet of stream. It granted the motion to stay pending review.