Inside EPA recently quoted Bracewell’s Ann Navaro, Daniel Pope and Taylor Stuart from their March update on Nationwide Permit 12 (NWP 12) on how implementing a notice-and-comment process for specific uses of an NWP 12 would be a significant departure from the intent of the nationwide permit program and from its implementation history.
“While NWPs have long been designed for efficiency when a private applicant is conducting minimally impactful activities under the CWA or [Rivers and Harbors Act], the Army’s review of NWP 12 could result in revocation of the permit or substantial changes in applicability or implementation,” the lawyers wrote.
NWP 12 is a streamlined permit that covers activities required for the construction, maintenance, repair and removal of oil and natural gas pipelines.
