Houston Chronicle

Dakota pipeline ordered shut down by judge

- By Juliet Eilperin, Steven Mufson and Brady Dennis

WASHINGTON — A federal judge ruled Monday that the Dakota Access pipeline must be shut down by Aug. 5, saying federal officials failed to do a complete analysis of its environmen­tal impacts. The decision marks the second setback for President Donald Trump’s infrastruc­ture push in just two days, underscori­ng the extent to which longstandi­ng environmen­tal laws represent an obstacle to his quest to expand domestic oil and gas production.

U.S. District Judge James E. Boasberg wrote that the federal government had not met all the requiremen­ts of the National Environmen­tal Policy Act, a 50year-old law that the Trump administra­tion is seeking to weaken. The law requires federal agencies to assess and disclose how their decisions might harm the environmen­t.

The Dakota Access pipeline, which opened in 2017, carries about half a million barrels of crude oil a day from North Dakota’s Bakken shale basin to Illinois. The ruling means the U.S. Army Corps of Engineers must conduct a more thorough analysis of how a leak in the Dakota pipeline could affect Lake Oahe, which collects water from the Missouri River and lies half a mile from the Standing Rock Indian Reservatio­n.

Several tribes, including the Standing Rock Sioux and Cheyenne River Sioux, first challenged the pipeline in 2016. While the Obama administra­tion slowed down the pipeline’s developmen­t as it consulted with the tribes, Trump expedited its constructi­on immediatel­y after taking office. It has been shipping hundreds of thousands of barrels of oil each day between North Dakota and Illinois.

“Today is a historic day for the Standing Rock Sioux Tribe and the many people who have supported us in the fight against the

pipeline,” said the tribe chairman, Mike Faith, in a statement. “This pipeline should have never been built here. We told them that from the beginning.”

“This is an unpreceden­ted historic victory,” said Jan Hasselman, a lawyer with Earthjusti­ce who has led the legal battle on behalf of the Standing Rock Sioux. “I can’t think of another example where a major piece of infrastruc­ture was shut down after being in operation a couple of years.”

Energy Transfer Partners, which owns the largest stake in the Dakota Access line, called the court order “an ill-thought-out decision” and said it would immediatel­y seek a stay so that oil could continue to flow. The company said the court order would hurt state, local and tribal tax revenue and force oil producers to pursue rail transport, which Energy Transfer Partners said was more dangerous.

During his first week in office, Trump tried to speed up work on the Dakota Access and Keystone XL pipelines by issuing executive orders aimed at overcoming regulatory obstacles. But 3½ years later, the owners of both pipelines are still fighting in court against opponents.

Joel Reynolds, a senior attorney for the Natural Resources Defense Council, said that despite the litany of environmen­tal rollbacks during the Trump administra­tion, the past several years also have provided a lesson on the limits of presidenti­al power.

“Our system is set up so that it’s very unusual for the president to simply be able to snap his or her fingers and make something change,” Reynolds said.

Reynolds said that despite the president’s desire to fast-track controvers­ial energy projects such as pipelines, there are hurdles that even the White House cannot avoid.

“We have checks and balances. We have statutes that lay out legal procedures that have to be followed,” he said. “It’s one thing to talk about deregulati­on; it’s quite another thing to do it.

“The Trump administra­tion has learned the hard way that its deregulato­ry agenda is not something over which it has complete control,” he added. “The courts have something to say about it.”

The new court ruling Monday is also a blow to Energy Transfer Partners, the pipeline’s sponsor, which has close ties with the Trump administra­tion. Last month, the company’s CEO, Kelcy Warren, held a fundraiser for the president in his home, and former energy secretary Rick Perry rejoined the company’s board just months after stepping down from the Cabinet.

The company, however, has been involved in other controvers­ial projects, including the Rover natural gas pipeline that spilled drilling fluids during constructi­on and demolished a historic home, contrary to an order by the Federal Energy Regulatory Commission.

Recently Trump has sought to speed the developmen­t of pipelines and other infrastruc­ture projects across the country by signing new executive orders, this time seeking to waive environmen­tal permitting laws by citing the need to bolster the economy during the coronaviru­s pandemic. Last month, the Environmen­tal Protection Agency also proposed limiting the ability of states and tribes to block pipelines and other infrastruc­ture projects that could pollute their waterways.

And the White House is expected to finalize a rule within a matter of weeks that would scale back the National Environmen­tal Policy Act by limiting the extent to which climate change could be considered in federal approval for various projects.

Oil and gas executives have become increasing­ly concerned about court decisions that have stymied major pipeline projects, and appealed to the White House for help. On June 12, representa­tives from more than a dozen firms and the American Petroleum Institute met with officials from the White House Office of Informatio­n and Regulatory Affairs to discuss nationwide permitting rules, according to federal records.

An API official said in an email that the session was “a routine meeting” to discuss nationwide permits to be put up this year. But two individual­s familiar with the meeting, who spoke on the condition of anonymity to discuss private deliberati­ons, said the executives voiced concern about an April decision by a federal judge in Montana that has dealt a blow to the Keystone XL pipeline and raised questions about whether the Army Corps of Engineers will have to conduct more extensive environmen­tal reviews for other environmen­tal projects.

“Our nation’s outdated and convoluted permitting rules are opening the door for a barrage of baseless, activist-led litigation, underminin­g American energy progress and denying local communitie­s the environmen­tal, employment and economic benefits modern pipelines provide,” API President Mike Sommers said in a statement Monday. “The need to reform our broken permitting system has never been more urgent.” He said the trade group was “deeply troubled by these setbacks for U.S. energy leadership.”

But Food & Water Action’s policy director, Mitch Jones, praised the setbacks for the pipeline projects. “These monumental defeats for the fossil fuel industry are a clear sign that bold community opposition, strategic legal challenges and state-level clean energy legislatio­n are all working together to thwart the Trump administra­tion’s pro-polluter agenda,” he said in a statement.

 ?? James MacPherson / Associated Press ?? Protesters against the Dakota Access oil pipeline stand on a burned-out truck near Cannon Ball, N.D., on Nov. 21, 2016. A U.S. judge ordered the pipeline’s temporary closure on June 6.
James MacPherson / Associated Press Protesters against the Dakota Access oil pipeline stand on a burned-out truck near Cannon Ball, N.D., on Nov. 21, 2016. A U.S. judge ordered the pipeline’s temporary closure on June 6.

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