Montana, Oil Industry Argue Keystone XL Ruling Erred On Merits, Remedy

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...