Court reverses order to shut down pipeline

BISMARCK, N.D. >> A federal appeals court on Wednesday reversed a judge’s order that shut down the Dakota Access pipeline pending a full environmental review.

The U.S. Court of Appeals for the District of Columbia Circuit sided with pipeline owner Energy Transfer to keep the oil flowing, saying a lower-court judge “did not make the findings necessary for injunctive relief.”

But the appellate court declined to grant Energy Transfer’s motion to block the review, saying the company had “failed to make a strong showing of likely success.” The appeals court said it expects the parties to “clarify their positions” in the lower court.

On July 6, U.S. District Judge James Boasberg ordered the pipeline closed within 30 days while the U.S. Army Corps of Engineers fulfills his demand to conduct a more extensive environmental review than the one that allowed the pipeline to start moving oil near the Standing Rock Indian Reservation three years ago. This process could take more than a year. Boasberg cited the “potential harm” that the pipeline could cause before the Corps finishes its survey. He rejected the company’s request to halt the order, sending the case to the three-judge appeals panel. The appellate court paused Boasberg’s order in midJuly.

Jan Hasselman, the EarthJustice attorney representing Standing Rock and other tribes who have signed onto the lawsuit, said the appeals court ruling was not a setback.

“There is more to like than dislike in this ruling,” he said. “There will be a review and a new permit during the next administration.”