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Standing Rock Sioux Tribe v. Dakota Access

ELR Citation: 47 ELR 20125
Nos. 16-1534, 16-1769 and 16-267, (D.D.C., 10/11/2017)

A district court held that the Dakota Access pipeline can continue to operate while the Army Corps of Engineers corrects deficiencies in its EA for the project. In an earlier decision, the court held that the Corps did not adequately consider the consequences of a spill for the plaintiff tribe's fishing and hunting rights and the environmental justice impacts of the project, among other things. In that decision the court did not decide whether the pipeline should continue to operate while the deficiencies were addressed. Challengers of the pipeline argued that until its impacts are adequately considered, the pipeline should be shut down. The court held that the errors identified in its prior opinion are not fundamental or incurable flaws in the Corps’ original analysis, and the agency has a significant possibility of justifying its prior determinations on remand.