We’re suing. Twice.
The Southern Environmental Law Center, on behalf of Ogeechee Riverkeeper and numerous affected parties, filed a pair of lawsuits against the U.S. Army Corps of Engineers and the Federal Energy Regulatory Commission (FERC). The first challenges the Corps for a permit scheme that allows companies constructing oil and gas pipelines to sidestep federal laws that protect waterways, rare species, and other aquatic resources. The second challenges FERC’s authorization of the projects based on the incorrect assumption that there is an actual need for more natural gas supply.
Read: The official Army Corps complaint filed in federal court
The Corps’ Nationwide Permit (NWP) 12 authorizes oil and gas pipeline construction through waterways before projects are even proposed. NWP 12 violates the Clean Water Act, Endangered Species Act, National Environmental Policy Act, and Administrative Procedure Act. In addition, there is no analysis of the cumulative impacts NWP 12 has on waterways across the country and there are no limits on how many projects NWP 12 can authorize.
Read: The official FERC complaint filed in federal court
FERC authorized the unnecessary, redundant, and costly pipeline project based on highly speculative data center growth forecasts to build unneeded additional gas capacity. Reports by both London Economics International and the Institute for Energy Economics and Financial Analysis cast significant doubt on any alleged need for this new pipeline project on top of several other massive gas expansions approved and proposed in the South.
Read: ORK’s official comments against SSE4 Pipeline EIS Scoping
Congress limited the use of nationwide permits to activities with minimal environmental impacts, but the Army Corps has approved projects that span hundreds of miles and impact thousands of waterways under NWP 12. Developers plan to use NWP 12 to construct pipelines through 2,200 waterbodies and mow down trees and vegetation across 11,000 acres – about 90,000 basketball courts – including across three counties in the upper Ogeechee watershed.
Read: Ogeechee Riverkeeper’s press release about the lawsuit
Read: SELC’s press release about the FERC lawsuit
Interactive map shows the proposed SSE4 project
Even the U.S. Army Corps admits this permit scheme causes lasting harm.
- The Corps admits recovery of biodiversity is rare in waterways after construction projects authorized by NWP 12.
- Developers often don’t follow through with projects that attempt to mitigate environmental harm that happens during pipeline construction. The Corps admits it does a “poor” job monitoring and following up on mitigation projects.
- The Corps does not require developers to disclose mitigation measures under NWP 12.
- By design, NWP 12 allows the Corps to ignore the cumulative impacts of major pipeline projects. Under an individual permit, the Corps would have to consider the impact of a pipeline project as a whole. But under NWP 12, each water crossing for a pipeline is considered a separate project. As a result, the Corps can “stack” NWP 12 authorizations hundreds or thousands of times for a single pipeline.
Read: Report casts doubt on alleged need for controversial gas pipeline projects
The highly disruptive construction techniques proposed for this project could affect several sensitive wildlife species and important ecosystems in our basin, not only at the numerous locations where it will cross streams, wetlands, and the Ogeechee River, but also downstream for miles. Using a nationwide permit is not sufficient. The impacts on our particular system should be evaluated.”
~Damon Mullis, Ogeechee Riverkeeper
In The News
FERC sued in federal court after authorizing unnecessary $5.2 billion SSE4 & MSX gas pipeline proposals – SELC (October 2026)
Federal lawsuit filed to stop gas pipeline projects through Alabama – 1819 News (August 2026)
Landowners resist | Hampton woman files class action against pipeline – Bluffton Today (August 2026)
Lawsuit Challenges Permit Behind Gas Pipeline to Cross West Alabama Waterways – Tuscaloosa Thread (August 2026)
Southern environmental groups challenge pipelines in federal court – Bluffton Today (August 2026)
Savannah Riverkeeper sues Army Corps over pipeline permit program – WRDW (July 2026)