Yesterday, the 9th Circuit Court of Appeals refused the appellants’ request for a partial stay of the injunction recently issued against use of the Army Corps Nationwide Permit 12 for oil and gas pipeline projects. The upshot is that use of Nationwide Permit 12 is prohibited for oil and gas pipelines until the Court of Appeals hears and decides the appeal.
The order contains more bad news for the Trump administration, the developers of Keystone XL, and the other energy companies that rely on Nationwide Permit 12. The Court’s Order wasn’t based simply on the balance of harms. The Court stated that:
Appellants have not demonstrated a sufficient likelihood of success on the merits and probability of irreparable harm to warrant a stay pending appeal.
That doesn’t bode well.