Dakota Pipeline Challenge Undermines Permitting Process

Law360 (November 17, 2020, 5:14 PM EST) -- Sometimes lawyers and judges can become so immersed in a tangle of legal issues that they forget to ask: "Does what's happening here really make any sense at all?" A good case in point is Standing Rock Sioux Tribe et al. v. Army Corps of Engineers, a legal challenge to the Dakota Access Pipeline, or DAPL, which was heard by the U.S. Court of Appeals for the District of Columbia Circuit on Nov. 4.

What is at stake here goes to the heart of whether infrastructure in this country can be built or not, and so extends far beyond DAPL and its...

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