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Dakota Access to Seek Supreme Court Review of Pipeline Order

By on May 1, 2021 in Energy

“Dakota Access pipeline lawyers are heading to the U.S. Supreme Court to fight a ruling that required additional environmental review for the embattled oil project and left it vulnerable to a potential shutdown,” reports Ellen M. Gilmer in Bloomberg Law’s US Law Week.

“Lawyers on Thursday asked a federal appeals court to freeze a mandate that would lock in its January ruling that the Energy Transfer LP pipeline was approved without proper study under the National Environmental Policy Act.”

“Once filed, the petition is expected to present the Supreme Court with a question about the scope of the National Environmental Policy Act. The D.C. Circuit said the Army Corps of Engineers fell short of NEPA when it opted for a more streamlined approach to environmental review despite expert disagreement about the potential impacts of an oil spill on neighboring Native American tribes.”

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