Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

Federal Judge: Pipelines Must Not Cross Streams Without Considering Endangered Species

Energy
Gnats hover near a barn equipped with solar panels and a wind turbine on Oct. 11, 2014 in Polk, Nebraska. The barn was built directly in the path of the proposed Keystone XL Pipeline by Bold Nebraska, an organization opposed to the pipeline. Andrew Burton / Getty Images

A federal judge upheld his April 15 ruling Monday, tossing a key permit required by the Keystone XL and other pipeline projects to cross streams and wetlands.


Montana U.S. District Judge Brian Morris affirmed that the U.S. Army Corps of Engineers cannot use a blanket water-crossing permit to approve new oil and gas pipelines without considering their impacts on endangered species.

"The court rightly ruled that the Trump administration can't continue to ignore the catastrophic effects of fossil fuel pipelines like Keystone XL," Center for Biological Diversity (CBD) senior attorney Jared Margolis said in a press release. "Constructing pipelines through rivers, streams and wetlands without analyzing the impacts on imperiled species is unconscionable. We'll continue to fight to protect vulnerable species, our waters and the climate from this kind of reckless development."

At stake is a permit called Nationwide Permit 12, which the Army Corps uses to fast-track approvals for construction across waterways, The Associated Press explained.

Morris ruled in April that the Army Corps did not consult with the Fish and Wildlife Service as to how these crossings would impact endangered species when it renewed the permit in 2017, Reuters reported.

Morris' April ruling was in response to a lawsuit brought by environmental groups focusing on the approval process for the Keystone XL pipeline specifically. However, the ruling blocked the use of Nationwide Permit 12 for all projects, CBD explained.

Utility groups and the government asked Morris to alter his ruling, arguing that it interfered with thousands of construction projects, according to The Associated Press. In response, Morris said that the permit could be used for electrical lines or pipeline repairs, but not the construction of new oil and gas pipelines.

"To allow the Corps to continue to authorize new oil and gas pipeline construction could seriously injure protected species and critical habitat," Morris wrote, according to The Associated Press.

The ruling does not actually block construction work on Keystone XL or other pipelines, but it is another setback for the long-delayed project, since it now cannot build across streams without further environmental review.

The Keystone XL pipeline would carry around 830,000 barrels of oil a day along 1,200 miles from the tar sands of Alberta, Canada to Nebraska, where it would connect with pipelines traveling to refineries along the U.S. Gulf Coast. It was first blocked by President Barack Obama over fears it would contribute to the climate crisis, but President Donald Trump resuscitated it in 2017.

Pipeline owner TC Energy said it would "promptly" appeal the ruling, according to Reuters.

Other members of the fossil fuel industry also plan to appeal.

"Arbitrarily singling out certain new projects only prolongs the highly disruptive nature of this order," Amy Conway of the Interstate Natural Gas Association of America told The Associated Press.

But environmental advocates thought the law was on Morris' side.

"Our courts have shown time and time again that the law matters," Natural Resources Defense Council (NRDC) attorney Cecilia Segal said in the CBD Press release. "Today's ruling makes clear that climate-busting pipelines like Keystone XL cannot be built until the federal government does its job and properly analyzes these projects' devastating effects on their surrounding communities and wildlife. If that analysis is based on science and facts, pipelines like Keystone XL will never see the light of day because they remain, and always will be, a dire threat to our water, wildlife and climate."

EcoWatch Daily Newsletter

A man observes the damages caused to his neighborhood from Tropical Storm Amanda on May 31, 2020 in San Salvador, El Salvador. Guillermo Martínez / APHOTOGRAFIA / Getty Images

At least 14 people were killed when Tropical Storm Amanda walloped El Salvador Sunday, Interior Minister Mario Duran said.

Read More Show Less
A fire in Greenland on July 10. Zombie fires smolder underground for months, notably in dense peatlands, and then flare-up when it grows warmer and drier. NASA

By Mark Kaufman

Some fires won't die.

They survive underground during the winter and then reemerge the following spring, as documented in places like Alaska. They're called "overwintering," "holdover," or "zombie" fires, and they may have now awoken in the Arctic Circle — a fast-warming region that experienced unprecedented fires in 2019. The European Union's Copernicus Atmosphere Monitoring Service is now watching these fires, via satellite.

Read More Show Less
Mourners after a mass burial of coronavirus victims in Brazil, which now has the world's second largest outbreak after the U.S. Andre Coelho / Getty Images

The total number of confirmed coronavirus cases passed six million Sunday, even as many countries begin to emerge from strict lockdowns.

Read More Show Less
Pexels

By Daniel Yetman

Bleach and vinegar are common household cleaners used to disinfect surfaces, cut through grime, and get rid of stains. Even though many people have both these cleaners in their homes, mixing them together is potentially dangerous and should be avoided.

Read More Show Less
During a protest action on May 30 in North Rhine-Westphalia, Datteln in front of the site of the Datteln 4 coal-fired power plant, Greenpeace activists projected the lettering: "Climate crisis - Made in Germany" onto the cooling tower. Guido Kirchner / picture alliance / Getty Images

Around 500 climate activists on Saturday gathered outside the new Datteln 4 coal power plant in Germany's Ruhr region, to protest against its opening.

Read More Show Less
Dr. Mark Brunswick (2R), Vice President of Regulatory Affairs and Quality, walks through the lab at Sorrento Therapeutics in San Diego, California on May 22. ARIANA DREHSLER / AFP / Getty Images

By Julia Ries

Around the world, there have been several cases of people recovering from COVID-19 only to later test positive again and appear to have another infection.

Read More Show Less

Trending

By Samantha Hepburn

In the expansion of its iron ore mine in Western Pilbara, Rio Tinto blasted the Juukan Gorge 1 and 2 — Aboriginal rock shelters dating back 46,000 years. These sites had deep historical and cultural significance.

Read More Show Less