Northern Plains Resource Council v. U.S. Army Corps of Engineers

U.S. Court of Appeals for the Ninth Circuit

Tab Group

Petition Stage

Ninth Circuit dismisses appeal as moot in light of the U.S. Army Corps of Engineers’ issuance of a new nationwide permit

August 11, 2021

Click here to view the order.

U.S. Chamber and business groups file amicus brief urging Ninth Circuit to reverse district court that applied the wrong standard when evaluating the U.S. Army Corps bases for issuing a nationwide permit that the district court enjoined

September 23, 2020

Click here to view the amicus brief filed jointly by the U.S. Chamber, Edison Electric Institute, International Brotherhood of Electrical Workers, and USTelecom -- The Broadband Association. David Y. Chung and Amanda Shafer Berman of Crowell & Moring LLP served as co-counsel for the coalition.

Ninth Circuit refuses to stay overbroad district court order that vacated and enjoined Clean Water Act Nationwide Permit 12’s applicability to oil and gas pipelines

May 29, 2020

Click here to view the order.

U.S. Chamber files amicus brief urging Ninth Circuit to grant a stay pending appeal of overbroad district court order that vacates and enjoins Clean Water Act Nationwide Permit 12’s applicability to oil and gas pipelines

May 15, 2020

Click here to view the amicus brief filed jointly by the U.S. Chamber and the Energy Equipment and Infrastructure Alliance. Michael H. McGinley of Dechert LLP served as co-counsel for the amici.

Case Documents

Order -- Northern Plains Resource Council v. U.S. Army Corps of Engineers (D. Mont.).pdf

U.S. Chamber, et al. Amicus Brief (stay) -- Northern Plains Resource Council v. U.S. Army Corps of Engineers (Ninth Circuit).pdf

Order -- Northern Plains Resource Council v. U.S. Army Corps of Engineers (Ninth Circuit).pdf

U.S. Chamber, et al. Amicus Brief (merits) -- Northern Plains Resource Council v. U.S. Army Corps of Engineers (Ninth Circuit).pdf

Order -- Northern Plains Resource Council v. U.S. Army Corps of Engineers (Ninth Circuit).pdf