Agencies Told To Conduct Robust Environmental Review Of Pipeline Impacts

Today, on behalf of a coalition of conservation organizations and affected municipalities, we submitted a 60-day notice of intent to sue letter under the Endangered Species Act (“ESA”) in connection with the proposed Permian Highway Pipeline in Texas. The letter urges the U.S. Army Corps of Engineers and the U.S. Fish and Wildlife Service to avoid abusing the Section 7 consultation process under the ESA by providing incidental take authorization for impacts to ESA-listed species that will occur on private lands that are not under Federal control or jurisdiction. At minimum, the letter urges that the agencies subject the pipeline’s myriad adverse environmental impacts to scrutiny under other federal laws such as the Clean Water Act, National Environmental Policy Act, and National Historic Preservation Act.