On July 6, the U.S. 5th Circuit of Appeals overturned a lower court’s ruling that could have delayed the construction of the Bayou Bridge pipeline. The higher court ruled that the Army Corps of Engineers properly granted its permit to allow the company, Bayou Bridge, LLC, to construct its pipeline through the Atchafalaya Basin.
In a rebuke of Judge Shelley Dick’s ruling, the panel ruled that the Corps properly interpreted the Clean Water Act, and appropriately applied the law when it issued the permit for the project. The panel acknowledged that two environmental assessments had been conducted by the Corps under the Rivers and Harbors Act and Clean Water Act, respectively.
Following is a statement that you can attribute to me, Craig Stevens, spokesman for the GAIN Coalition:
“We’re pleased that the Court recognized the Army Corps of Engineers’ diligence and broad legal authority in granting permits for this important infrastructure project. The Army Corps has a long tradition of protecting our nation’s waterways and we appreciate the men and women serving in the Corps’ New Orleans District who continue to work diligently to ensure this project is done safely and in accordance with the law. While activist judges remain a potential impediment to major infrastructure projects and the billions of dollars in investment they bring, we are pleased that the judicial process works to ultimately uphold the law – as the Appeals court did in this case.”