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Clean Water Act Nationwide Permit 12 in the Crosshairs Again and Texas Energy Projects at Risk; Bryan Moore Shares the Latest with The Texas Lawbook

Energy and infrastructure projects in Texas and across the nation may be significantly impacted by the outcome of Center for Biological Diversity v. Spellmon, a case currently pending in federal district court in Montana. This forthcoming ruling and the implementation of a revised federal rule recently issued, either in combination or in isolation, may cause projects to be delayed or scrapped. Bryan Moore, partner in the Austin office and member of the Environmental & Natural Resources Practice, recently authored an article published by The Texas Lawbook on May 10, 2022, that addresses pending litigation related to Clean Water Act Nationwide Permit 12 and the potential implications for energy projects in Texas. 

Energy and infrastructure projects throughout Texas and the nation rely on Nationwide Permit 12 and other NWPs to authorize various activities having minimal impacts. Within the article, Bryan notes that companies operating in or supporting the energy sector in Texas and across the U.S. should monitor the permit’s developments closely and prepare accordingly. 

Bryan Moore helps industrial, commercial and oil and gas industry clients navigate and resolve contested environmental permitting proceedings, compliance audits, enforcement actions and litigation so they can construct, operate and expand their facilities. Bryan's practice focuses on solid waste regulation, environmental litigation and contaminated property assessment and remediation.

Bryan assists clients in solid waste matters arising under the Resource Conservation and Recovery Act (RCRA) and the Texas Solid Waste Disposal Act in state and federal courts and before state and federal agencies, including the U.S. EPA, the Texas Commission on Environmental Quality and the Railroad Commission of Texas. He counsels clients on environmental permitting and compliance issues and represents clients in administrative hearings, enforcement proceedings, citizen suits and state and federal lawsuits involving environmental statutory and common law claims. He also routinely assists clients in responding to spills and releases, assessing environmental conditions at industrial and commercial sites and remediating and monitoring contaminated properties.