Revamp to Nationwide Permits Impacting Oil and Gas Pipeline, Utility and Telecom Line Work

Construction worker retro illustration on blue background

On January 13, 2021, the United States Army Corps of Engineers published a final rule that reissued and modified twelve existing NWPs and issued four new NWPs that will take effect on March 15, 2021.

March 29, 2021
Alex P. Prochaska, Jones Walker LLP - ConsensusDocs

To avoid delay costs and penalties, contractors involved in pipeline and utilities construction maintenance, repair and removal need to understand how the 43 year old Nationwide Permit (NWP) regime has changed specific to the NWP 12 and what is now required for compliance. This change is important for contractors who construct, maintain, or repair pipelines that cross or impact waters of the United States, including wetlands. NWPs are a useful tool to streamline construction of a pipeline project, but it is important for contractors to know when certain terms and conditions still apply to the particular NWP and those that have been eliminated.

On January 13, 2021, the United States Army Corps of Engineers (the Corps) published a final rule that reissued and modified twelve existing NWPs and issued four new NWPs that will take effect on March 15, 2021.1 The remaining 40 NWPs that were not reissued or modified under this rule will continue under the general conditions and definitions of the January 6, 2017 final rule.

Mr. Prochaska may be contacted at aprochaska@joneswalker.com



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