Appeals Court Cancels Order To Shut Down Dakota Access Pipeline

A three-judge panel on the U.S. Court of Appeals for the District of Columbia ruled that the lower court did not have the “findings necessary” to temporarily shut down the pipeline for an environmental review. 

On July 6, U.S. District Judge James Boasberg found that the U.S. Army Corps of Engineers had violated the National Environmental Policy Act in allowing the building of part of the pipeline without writing the required Environmental Impact Statement. 

Boasberg ordered the pipeline’s closure within 30 days while the Corps conducted an extensive environmental review, a process anticipated to take over a year, citing the “potential harm” that could be caused before the survey’s completion.

Boasberg’s decision was a victory for the Standing Rock Sioux Tribe, which sued the Corps for approving a pipeline that they say puts tribal water supplies and cultural resources at risk, and a loss for President Trump, who has publicly supported the pipeline. 

Energy Transfer argued that it would cost $24 million and take three months to properly empty and preserve the pipe, making Boasberg’s Aug. 5 deadline impossible. 

Though the appeals court allowed the pipeline to stay in action, judges rejected Energy Transfer’s motion to block the environmental review.