Judge Hands Tribes Major Dakota Access Victory

Opponents of the Dakota Access pipeline received a major legal victory late Wednesday as a federal judge ruled the government's environmental review of the project was inadequate and that the U.S. Army Corps of Engineers must redo its analysis under the National Environmental Policy Act. In his 91-page ruling, U.S. District Court Judge James Boasberg said the government "did not adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice, or the degree to which the pipeline's effects are likely to be highly controversial."

But he stopped short of immediately ceasing the pipeline's operation, calling that a "separate question" subject to additional briefing to be discussed at a status conference next week. Tribal opponents of the pipeline, which began operating this month, had failed twice before in legal challenges seeking to block its completion. But they hailed Wednesday's decision: "We applaud the courts for protecting our laws and regulations from undue political influence, and will ask the Court to shut down pipeline operations immediately," Standing Rock Sioux Chairman Dave Archambault II said in a statement.

In a statement, the Grow America's Infrastructure Now coalition said the outstanding claims in the case "do nothing to impact the ongoing operation of the pipeline" and expressed confidence the Corps would allay the judge's concerns. "While we have little doubt that the Corps will ultimately be successful in satisfying the Court's concerns, tonight's decision continues the public saga of the project and jeopardizes ongoing infrastructure investment," Craig Stevens, a spokesman for the group, said.

Reprinted from Politico

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