Army Corps Tells DC Circ. Pipeline Permit Standard Too High

Law360 (September 30, 2020, 7:41 PM EDT) -- The Army Corps of Engineers told the D.C. Circuit on Wednesday that a lower court used an excessive standard when it shut down the Dakota Access Pipeline over environmental review deficiencies pertaining to an easement near tribal lands.

U.S. District Judge James E. Boasberg held that "consistent and strenuous" opposition to the pipeline from tribes necessitated further environmental review of the easement, according to the Corps. When, in fact, the federal agency said, it only needed to conduct its own thorough analysis of spill risks, which it has.

Judge Boasberg's ruling amounted to a misread of the D.C. Circuit case National...

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