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Standing Rock Sioux Tribe v. Dakota Access

ELR Citation: 47 ELR 20156
Nos. 16-1534, (D.D.C., 12/04/2017) (Boasberg, J. )

A district court held that an energy company must follow additional safety measures operating the Dakota Access pipeline while the environmental impacts of the project are being studied. In an earlier decision, the court held that the Dakota Access pipeline could continue to operate while the Army Corps of Engineers corrects deficiencies in its EA for the project. Previously, 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. Tribes whose lands are affected by the pipeline requested measures be taken to monitor its ongoing operations. The pipeline operators challenged the conditions on the grounds that they were injunctive relief. The court disagreed, finding that the measures are simply in place to keep the court abreast of the conditions of the area and are reasonable and appropriate.