Environmental -- 2017

Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers   (D.D.C.)

Continuing to delay pipelines is unnecessary and harmful

In 2017, the NAM and other industry associations filed an amicus brief with the D.C. District Court supporting the continuance of Dakota Access Pipeline (DAPL) operations. The question in this case relates to whether the District Court should vacate the U.S. Army Corps of Engineers’ (Corps) approvals for DAPL and order DAPL to cease operations following a procedural error in the Corps’ Environmental Assessment.

The brief argued that vacating the approvals and ordering DAPL to cease operations now would be incredibly harmful and would not lead to additional benefits in safety. The brief explains that ordering DAPL to cease operations while the Corps conducts an additional environmental review would not lead to any changes in DAPL’s safety and integrity operations. Furthermore, court precedent demonstrates that DAPL operations do not legally need to stop due to a procedural error, particularly when the consequences of cessation are severe and far-reaching.

The court ruled in DAPL's favor, allowing the pipeline to continue operation while the Corps resolves the NEPA deficiencies.

Related Documents:
NAM amicus brief  (July 17, 2017)


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