Appeals Court Lifts Blockade on Dakota Access Pipeline Work
Source: Courthouse News
August 5, 2020
WASHINGTON (CN) — The D.C. Circuit intervened Wednesday against a ruling that would have shut down the Dakota Access pipeline, putting injunctive relief on hold while the government appeals.
“The district court did not make the findings necessary for injunctive relief,” a three-judge appellate panel said this afternoon.
In a boon for the tribes that brought the suit, however, the appeals court said it would not disturb the finding that the Army Corps of Engineers needed to conduct an environmental review before authorizing the pipeline to cross the Missouri River.
“Appellants have failed to make a strong showing of likely success on their claims that the district court erred in directing the corps to prepare an environmental impact statement … or that the district court abused its discretion in refusing to remand without vacatur pending the statement’s completion,” the unsigned order states.
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