Court orders temporary shut down of Dakota Access Pipeline

by Bryan Brammer · Jul 6th, 2020 3:26 pm

Last Updated Jul 7th, 2020 at 9:53 am

A district court on Monday ordered the temporary shut down and emptying of the Dakota Access Pipeline.

Judge James Boasberg ruled the pipeline must be shut down by August 5 while the U.S. Army Corps of Engineers prepares an environmental impact statement — a report the Corps said would take approximately 13 months to create.

"Clear precedent favoring vacatur during such a remand coupled with the seriousness of the Corps' deficiencies outweighs the negative effects of halting the oil flow for the 13 months that the Corps believes the creation of an [environmental impact statement] will take," Boasberg wrote.

The court had previously determined that the Corps had violated the National Environmental Policy Act when it provided an easement that allowed Dakota Access to construct a portion of pipeline beneath Lake Oahe in North Dakota and South Dakota.

The shut down of the pipeline, a 1,200-mile project that carries oil from North Dakota to Illinois, marked a major win for the Standing Rock Sioux Tribe, who have fought for years against the pipeline and claimed it poisoned the land's water supply.

"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," tribe chairman Mike Faith said in a statement. "This pipeline should have never been built here. We told them that from the beginning."


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