May 13, 2022
The NWP (Nationwide permit) program was created as an alternative to the individual environmental 404 permitting process, so that activities and projects like boat ramps or mooring buoys that would have a “minimal” effect on the environment could be quickly approved. The program was intended to provide timely authorizations for the regulated public while protecting the nation’s aquatic resources. These permits are issued under authority of Section 404(e) of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act of 1899 (RHA).
Under Section 404, permits are required for discharges of dredged or fill material into jurisdictional waters of the United States, including wetlands, such as fills to convert waters and wetlands to dry land. Under Section 10, permits are required for any structures or other work that affect the course, location, or condition of navigable waters of the United States, such as piers, dredging, and aids to navigation.
This program has been abused to permit projects (including oil and gas pipelines) with significant cumulative impacts on climate, risk of spills, and environmental justice. The Army Corps of Engineers has been granting NWP 12’s (Nationwide Permit 12) to massive oil pipelines by breaking them into imaginary segments, each one small enough to be considered “minimal” in its environmental impact.

Added to this, this process does not begin to meet a standard for adequate Tribal consultation.
The Army Corps should immediately rescind NWP12 and all other NWPs that allow abuse of the program for environmental effects that are not minimal.
TELL THEM NO
There are just 3 virtual hearings left where you can tell the Army Corps to stop allowing climate-destroying fossil fuels projects to get automatic approval! Click here for talking points to help write your testimony or written comment.
Public virtual meetings:
· May 17, 2022, 1 to 3 p.m. Eastern Daylight Time (EDT).
· May 19, 2022, 2 to 4 p.m. EDT.
Tribal virtual meeting
· May 18, 2022, 2 to 4 p.m. EDT.
Done.