Montana Attorney General Austin Knudsen is leading a coalition of 20 state attorneys general seeking to intervene in two federal lawsuits that could eliminate a widely used permitting process for oil and natural gas pipelines crossing rivers, streams and wetlands.
The states argue that eliminating Nationwide Permit 12, a federal authorization administered by the U.S. Army Corps of Engineers, would increase construction costs, delay pipeline development and threaten energy transportation infrastructure across the country.
The lawsuits challenge the Trump administration’s 2026 reissuance of the permit, which allows qualifying pipeline projects to receive streamlined federal authorization for certain water crossings.
“If NWP 12 were eliminated, pipeline construction and maintenance costs would increase, and pipeline availability would decrease,” the states wrote in their motion. “Montana and its citizens would incur increased transportation costs through the lack of pipeline access.”
Nationwide Permit 12 provides expedited authorization for qualifying oil and gas pipeline activities involving federally regulated waterways and wetlands. Rather than seeking a separate individual federal permit for each qualifying crossing, developers may use a standardized process if they meet its conditions.
Environmental organizations, including the Center for Biological Diversity, Sierra Club, Friends of the Earth U.S., Waterkeeper Alliance and Montana Environmental Information Center, contend that the Army Corps failed to adequately evaluate environmental effects. The lawsuits allege violations of federal water, environmental review and endangered species laws.
Supporters of the permit argue it maintains environmental standards while reducing delays. Opponents say permitting repeated crossings under a general authorization may leave cumulative impacts on waterways and habitats insufficiently examined.
Montana produces approximately 70,000 barrels of crude oil per day and 4 billion cubic feet of natural gas per month, according to figures cited by Knudsen’s office. Pipelines transport those resources to refineries, processing facilities and markets.
The coalition also includes Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Nebraska, North Dakota, Pennsylvania, South Carolina, Texas, West Virginia and Wyoming.
A decision eliminating the permit could require developers to seek more individual federal authorizations, potentially increasing costs and delays, but would not prohibit all pipeline construction. The states’ motion to intervene is procedural and does not decide the merits of the lawsuits.