DC Circ. Nixes Dakota Access Permit, But Won't Shut Pipeline

Law360 (January 26, 2021, 7:09 PM EST) -- The D.C. Circuit on Tuesday affirmed a lower-court decision vacating an Army Corps of Engineers easement for the controversial Dakota Access pipeline, but reversed an order to shut down the pipeline and drain it of oil.

Echoing skepticism it raised during oral arguments last November, a D.C. Circuit panel said the Corps inadequately reviewed the environmental risks of the Dakota Access pipeline before granting an easement near tribal lands. That warrants the easement's vacatur and the preparation of an more-stringent environmental impact statement by the Corps, the appeals court said.

However. the D.C. Circuit panel said that U.S. District Judge James...

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