The DAPL And The Corps' Latest Clean Water Act Conundrum

Law360, New York (September 22, 2016, 6:06 PM EDT) -- Kimberly Leue Bick Allison Ross While the courts consider the Standing Rock Sioux Tribe's challenge to the Dakota Access Pipeline (DAPL), the U.S. Army Corps of Engineers finds itself between a rock and a hard place. On the one hand, the Corps agrees with the proponents of the project that the DAPL is authorized under the Clean Water Act, the Rivers and Harbors Act, the National Environmental Policy Act and the National Historic Preservation Act. On the other hand, the Corps requested that Dakota Access LLC voluntarily pause all construction until the Corps determines if it should "reconsider" the DAPL project authorization. Meanwhile, Dakota Access has no recourse to challenge the Corps' request, or challenge its inability to proceed with the pipeline without the Corps on board....

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