Dakota Access Pipeline Ruling Allows For Ongoing Construction
Legal Hurdles Remain For Pipeline Contractors
The U.S. District of Columbia Circuit Court of Appeals ruled Aug. 5 that a lower court did not make the findings necessary to qualify for injunctive relief.
The court’s decision puts in the U.S. Army Corps of Engineer’s court back in charge of whether the pipeline can continue to operate.
The panel cited a four-factor test required for an injunction, which includes a requirement that remedies do not harm public interest.
Judge James Boasberg ruled in March that the highly controversial nature of the project meant the U.S. Army Corps of Engineers should have prepared the lengthier Environmental Impact Statement instead of the shorter Environmental Assessment when it issued an easement for the pipeline’s Lake Oahe crossing.
The Aug. 5 ruling did not reverse the lower court’s decision requiring more environmental study of the pipeline.
Reactions from industry groups were mixed.
“The decision today allows the pipeline to continue operating,” said Ron Ness, president of the North Dakota Petroleum Council. “It appears there are more legal issues to be resolved, but obviously today would have been the day it would have been shut down, so it’s good news today to keep that pipeline operating and going forward.”
The Grow America’s Infrastructure Now coalition said the ruling essentially means Dakota Access will remain operational while the legal process and appeals plays out. The three-judge panel said it will retain jurisdiction over any further motions for stays.
“We expect appellants to clarify their positions before the district court as to whether the Corps intends to allow the continued operation of the pipeline notwithstanding vacatur of the easement, and for the district court to consider additional relief if necessary,” the justices wrote.
Briefs from the U.S. Army Corps of Engineers and Dakota Access will be due Aug. 26, and the remaining briefs are set to follow on various days in September.
