As reported in The Nickel Report, the United States Court of Appeals for the D.C. Circuit last week dismissed an interstate natural gas pipeline company’s challenge to the State of New York’s delay in issuing a water quality certification under section 401 of the federal Clean Water Act (CWA). The case is one of several pending across the country that involve a state’s authority to issue, deny, or waive a CWA water quality certification for interstate natural gas pipeline projects.
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On August 5, 2012, the Western District of Oklahoma denied Sierra Club’s attempt to seek a temporary injunction to stop commencement of construction of the southern leg of the Keystone XL pipeline project scheduled to begin August 6, 2012.  In mid-July, Sierra Club challenged the Army Corps of Engineer’s (Corps) Nationwide Permit 12 (NWP 12)

This bill, H.R. 3426, would amend the Clean Water Act to require the closure of (1) any oil storage or processing facility that is within one mile of 100 or more dwellings and has had two or more discharges within a 10 year period, or (2) where the facility is the source of groundwater contamination