Courts Deny Sierra Club’s Motions for Injunction (Aug. 29, 2012)
In Sierra Club v. Bostick, Sierra Club is seeking to block the Keystone XL pipeline construction in Texas and Oklahoma. In addition, they seek to prevent anyone from using the streamlined Nationwide Permit number 12 (NWP 12) for pipelines and utility projects that cross streams and wetlands anywhere in the United States. AGA and a coalition of Utility Intervenors have intervened in support of NWP 12; our motion to intervene was granted on August 1, 2012. In August, Sierra Club asked the District Court to order TransCanada to stop construction pending the court proceeding. The Department of Justice representing the U.S. Army Corps of Engineers filed a strong Response. The District Court agreed with the government that Sierra Club was unlikely to succeed in its substantive challenge to NWP 12 and denied Sierra Club s motion for a preliminary injunction and a Temporary Restraining Order (TRO). Sierra Club appealed the District Court judge s denial of the motion for preliminary injunction to the U.S. Court of Appeals for the Tenth Circuit. Two weeks after that, Sierra Club filed a motion for injunction pending appeal. The government and intervenors filed a joint Response in the 10th Circuit on August 24. Later the same day, the federal appeals court denied Sierra Club s motion for an injunction to block the Keystone project pending appeal and set an accelerated schedule for briefing and oral argument. Sierra Club s opening brief will be due Monday, September 10, 2012. The DOJ and AGA s Utility Intervenors response brief will be due Monday, October 1, 2012. Sierra Club s optional reply brief will be due on or before Wednesday, October 10, 2012, and the Appeals Court will hold oral argument in November.