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Article

26 Mar 2020

Author:
Earthjustice

USA: Federal court grants request by Standing Rock Sioux Tribe to strike down permits for Dakota Access Pipeline

"Standing Rock Sioux tribe prevails as federal judge strikes down DAPL permits," 25 March 2020

The Court found the U.S. Army Corps of Engineers violated the National Environmental Policy Act when it affirmed federal permits for the pipeline originally issued in 2016. Specifically, the Court found significant unresolved concerns about the potential impacts of oil spills and the likelihood that one could take place.

... the Court criticized the Corps for failing to address the Standing Rock Sioux Tribe’s expert criticism of its analysis, citing issues like potential worst case discharge, the difficulty of detecting slow leaks, and responding to spills in winter. Similarly, the Court observed that DAPL’s parent company’s abysmal safety record “does not inspire confidence,"... The Court ordered the Corps to prepare a full environmental impact statement on the pipeline... [and] asked the parties to submit additional briefing on the question of whether to shut down the pipeline in the interim... “After years of commitment to defending our water and earth, we welcome this news of a significant legal win,” said Standing Rock Sioux Tribe Chairman Mike Faith.