Case: Alabama Rivers Alliance v. United States Army Corps of Engineers
1:26-cv-02623 | U.S. District Court for the District of District of Columbia
Filed Date: July 27, 2026
Case Ongoing
Clearinghouse coding complete
Case Summary
This is a lawsuit challenging the United States Army Corps of Engineers’ ("the Corps") reissuance of Nationwide Permit 12 which authorized construction of oil and natural gas pipelines without Corps review.
On July 27, 2026, environmental conservation groups Alabama Rivers Alliance, Black Warrior Riverkeeper, Healthy Gulf, Ogeechee Riverkeeper, and Savannah Riverkeeper, through their counsel at the Southern Environmental Law Center, filed suit in the U.S. District Court for the District of Columbia against the Corps and its commanding officer, alleging construction of oil and natural gas pipelines would have significant environmental effects on aquatic and upland resources. The case was assigned to District Judge Colleen Kollar-Kotelly.
Plaintiffs’ complaint alleged as follows. The Clean Water Act prohibits the discharge of any “dredged or fill material” into waters of the United States unless a permit is issued by the United States Army Corps of Engineers. The Corps issues two types of permits. First, the Corps issues individual permits following a case-by-case evaluation of a specific project and its available alternatives, assessing environmental impact. Second, the Corps issues general permits without reviewing individual projects; instead, it authorizes categories of projects that cause minimal adverse environmental impact. When issuing general permits, the Corps must consider several environmental factors, including effects on aquatic wildlife, spread of pollutants, and interference with recreational and aesthetic value. It must also release documentation covering the permit's effects on water quality, water circulation, and threatened or endangered species, among others. General permittees may proceed with activities authorized by the nationwide permits without notifying the Corps. The Corps estimated that Nationwide Permit 12 will be used to authorize more than one thousand pipeline sites each year without the Corps’ knowledge or evaluation.
In June 2025, the Corps published its proposal to reissue Nationwide Permit 12 and invited public comment. Several Plaintiffs submitted comments and outlined violations. On January 8, 2026, the Corps reissued Nationwide Permit 12 without any of Plaintiffs’ suggested modifications, generally authorizing the construction of oil and natural gas pipelines in United States waters. To fulfill its obligations under the Clean Water Act, the Corps released a Decision Document, intended to assess the estimated environmental impact of activities authorized by Nationwide Permit 12. In the Decision Document, the Corps recognized a “lack of data” concerning the aquatic ecosystems Nationwide Permit 12 could disrupt. Despite the lack of data, the Corps found that Nationwide Permit 12 would have “no more than minimal individual and cumulative adverse environmental effects.”
Plaintiffs brought three claims. First, they alleged the Corps' 2026 reissuance of Nationwide Permit 12 violated the Clean Water Act because general permits are issued only for activities with minimal environmental impact, and the Corps' minimal-effects determinations were not based on sufficient data and were thus arbitrary and capricious. Second, Plaintiffs alleged the Corps' 2026 reissuance violated the Endangered Species Act, which requires federal agencies to ensure that their actions do not jeopardize the continued existence of endangered species. According to Plaintiffs, previous issuances of Nationwide Permit 12 had adversely affected endangered species. Third, Plaintiffs alleged the Corps' reissuance violated the National Environmental Policy Act by failing to produce an Environmental Impact Statement as required under the Act. According to Plaintiffs, the Corps stated a finding of no significant environmental impact without sufficient data or investigation.
Based on these three claims, the Plaintiffs requested that the Court declare that the Corps’ reissuance of Nationwide Permit 12 violated the three aforementioned Acts, vacate the January 8, 2026, reissuance of Nationwide Permit 12, and enjoin or stay the Corps from using Nationwide Permit 12 until it has complied with applicable law.
On September 11, 2026, the NWP 12 Coalition, a group composed of American Gas Association, American Petroleum Institute, Interstate National Gas Association of America, and Liquid Energy Pipeline Association, through private counsel, filed a motion to intervene as defendants, which the Court granted on September 16, 2026.
As of September 16, 2026, this case is still ongoing.
Summary Authors
Ike Start (9/13/2026)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73673426/parties/alabama-rivers-alliance-v-united-states-army-corps-of-engineers/
Kollar-Kotelly, Colleen (District of Columbia)
Hunter, James Patrick (District of Columbia)
Scheidt, Spencer (District of Columbia)
Brown, Karma B. (District of Columbia)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/73673426/alabama-rivers-alliance-v-united-states-army-corps-of-engineers/
Last updated Sept. 17, 2026, 3:10 a.m.
Docket for: ALABAMA RIVERS ALLIANCE v. UNITED STATES ARMY CORPS OF ENGINEERS
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: July 27, 2026
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Several southern environmental conservation groups.
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
United States Army Corps of Engineers
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Clean Water Act (CWA), 33 U.S.C. § 1319 et seq.
Endangered Species Act, 16 U.S.C. § 1531 et seq.
National Environmental Protection Act, 42 U.S.C. §§ 4321–4370f
Other Dockets:
District of District of Columbia 1:26-cv-02623
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Environmental Justice and Resources:
Environmental Impact Statements
Petroleum and petroleum byproducts
Case Summary of Alabama Rivers Alliance v. United States Army Corps of Engineers, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48380/ (last updated 9/13/2026).