Montana and the oil and gas industry are echoing the Army Corps of Engineers' call for an appellate court to reverse a ruling that vacated the use of a Clean Water Act (CWA) general permit for the Keystone XL pipeline, arguing a lower court erred on both the merits and the remedy in its decision. Even though the Supreme Court limited the district court's initially broad vacatur of nationwide permit 12 (NWP 12) to only Keystone XL, "other projects relying on NWP 12 are vulnerable to attack in future litigation," Montana says in its Sept. 16 opening brief in Northern Plains Resource Council, et al. v. Army Corps of Engineers, et al., on appeal to the U.S. Court of Appeals for the 10th Circuit.
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