Brooke Wahlberg Quoted on NWP 12 Ruling


Brooke Wahlberg was quoted in the PFI article, "Energy Projects Hit By Regulatory Chaos" (subscription required). The piece looks at how a disruptive ruling by a Montana judge in a case related to TC Energy’s Keystone XL oil pipeline affected numerous projects in other sectors, including renewable energy. Initially, US District Judge Brian Morris vacated nationwide permit 12 (NWP 12) in its entirety, a move that has a decided impact on projects authorized under the permit. Since publication of the article, Judge Morris has amended the initial order, limiting the impacts of the ruling to oil and gas pipelines. The Corps has filed a notice of appeal with the Ninth Circuit.

Commenting on this development, Brooke said the breadth of the initial ruling was “almost shocking” in terms of timing "considering the already abbreviated timeline for completion on some projects due to COVID-19 disruption and other factors."

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