Dakota Access Pipeline to Shut Down Pending Review, [Obama] Federal Judge Rules

The New York Times ^ | July 6, 2020 | Jacey Fortin and Lisa Friedman

[JeepersFreepers]

The Dakota Access Pipeline, an oil route from North Dakota to Illinois that has inspired intense protests and legal battles, must shut down pending an environmental review and be emptied of oil by Aug. 5, a district court ruled on Monday. It essentially vacates a federal permit that had allowed the pipeline to operate while the United States Army Corps of Engineers, which had granted the permits for the pipeline, conducted an extensive environmental impact review.

The decision, which could be subject to appeal, is a victory for the Standing Rock Sioux Tribe and other Native American and environmental groups who have fought the project for years, and a significant defeat for President Trump, who has sought to keep the Dakota Access Pipeline alive.

“Today is a historic day for the Standing Rock Sioux Tribe and the many people who have supported us in the fight against the pipeline,” Mike Faith, the chairman of the Standing Rock Sioux Tribe, said in a statement.

In his opinion, Judge Boasberg wrote that the court was “mindful of the disruption such a shutdown will cause” but that it had to consider the “potential harm each day the pipeline operates.”

“This is shocking news,” said Ron Ness, the president of the North Dakota Petroleum Council, adding that the pipeline has operated reliably for years, and that the ruling would hurt the state’s economy and encourage other, less safe means of oil transportation.

The Dakota Access Pipeline has been carrying oil for three years.

[JeepersFreepers]

". . . a significant defeat for President Trump, who has sought to keep the Dakota Access Pipeline alive."

No, it is a significant defeat for America. Radical activist Obama judges will adversely impact our way of life for a generation.

The pipeline has been operating safely for three years. There is no reason that it could not continue to operate while this bogus environmental study was completed. This ruse is simply another attack on our way of life in addition to all the mayhem that is and has been taken place by the Left.

It is bad enough to delay and deny permits. But it is disastrous to vacate a permit after it has been granted and the investment made. The Left will stop at nothing to cause disruption and economic loss.

[Nateman]

One the Obama appointee 10 commandments:Thou shall not alter any law thy God Obama hath decreed.

[odawg]

Well, does that idiot judge have the final say, or will his decree be appealed. Does anyone know?

[SunkenCiv]

• Federal judge orders Dakota Access Pipeline shut down
• ENERGY Court orders Dakota crude pipeline shutdown, in win for Native American tribes in long-running saga

[SmokingJoe]

Obama District Court judge doing his best to halt the robust economic revival because of the November elections? You bet. It will be overturned on appeal. Easy.

[Bob434]

[[The pipeline has been operating safely for three years.]]

Exactly- usually those that want to shut something down have to provide proof that a risk is happening and needs to be studied- otherwise each side could tell a judge “We think so and so’s business might pose a risk, can you shut it down please?” There would be ‘revenge shutdowns’ all the time if no proof were needed for a judge to shut something down i would think?

[[There is no reason that it could not continue to operate while this bogus environmental study was completed.]]

Exactly- Hopefully this shutdown can be overturned

[Bob434]

good question- hope soemoen can answer-

[fso301]

Thread yesterday said the tribe was unhappy because they earned higher royalties from road transport than pipeline and wanted pipeline royalties to match road transport royalties.

[SmokingJoe]

It's a District Court. He doesn't have a final say in anything. I am sure the 8th Circuit Court will set this ruling aside pending a full hearing. It's overwhelmingly Republican.

[WHBates]

He probably can’t really stop the project but their plan is to case so many delays that the owners/backers have to close down because it’s not longer economically feasible that is what just happen to the ACP (Atlantic Coast Pipeline) being built by Duke Energy and Dominion Energy they have won every court challenge and it makes absolute sense to build it for both Virginia and North Carolina but the left has raised court challenge after challenge and they all lose but at some point it becomes not in the company or the public’s best interest to continue both companies announced abandonment of the project that started in 2014, think about that, what a waste.

[Glad2bnuts]

Used properly, that oil could help the Judge towards a warm retirement.

[JeepersFreepers]

I did a search before posting with the word “pipeline.” Nothing came up. I now realize that the search defaults to “key words”. I should have searched for “titles”

Sorry, I hate repeat posts as much as anyone. Wont happen again.

[DeFault User]

I do hope that ruling is overturned soon. In fact I’m betting on it by buying more stock in the company that owns it. :-)

[SunkenCiv]

No harm done. He’s unfit for the bench, no reason not to have more than one copy. :^)

[shelterguy]

“”Thread yesterday said the tribe was unhappy because they earned higher royalties from road transport than pipeline and wanted pipeline royalties to match road transport royalties.”

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

It’s always about the beer money.

[SmokingJoe]

Not gonna happen to this pipeline. Its been in operation and generating revenue for 3 years. They have the money to fight the crazy lawsuits till kingdom come.
Plus the 8th Circuit will probably set this ruling aside pretty quickly.

[datura]

This shut down also coincides with the closure of the Enbridge No 5 pipeline through Michigan to Ohio that Whitaker is trying to force. Basically they are attempting to starve the Midwest of energy to slow the recovery.

Pure politics.

Enbridge No 5 news: https://pgjonline.com/news/2020/06-june/enbridge-restarts-line-5-after-maintenance-issues-causes-temporary-closure

[SomeCallMeTim]

I do hope that ruling is overturned soon. In fact I’m betting on it by buying more stock in the company that owns it. :-)

Me too... I bought some at $4 a while ago. Adding to my position now. At the current price, ET is paying a 19.7% Dividend. Not too shabby.

[AndyJackson]

mindful of the disruption

The requirements for injunctive relief are:

1. moving party has no adequate remedy other than an injunction (such as money damages);
2. truly irreparable harm will occur in the absence of an injunction;
3. it is more likely than not that the moving party will prevail on the underlying merits when the matter ultimately goes to trial;
4. the benefit to the party seeking the injunction outweighs the burden of the party opposed to the injunction; and
5. the moving party’s right to the relief sought is clear.

[BohDaThone]

Boasberg is in the District Court for DC. Suit is there, presumably, because suing a federal agency. Any stay or appeal would go to the DC Circuit, not the 8th Circuit.