Bloomberg Law
Jan. 27, 2021, 10:01 AMUpdated: Jan. 27, 2021, 3:22 PM

Biden Holds Key to Dakota Access Pipeline Fate After Ruling (1)

Ellen M. Gilmer
Ellen M. Gilmer

President Joe Biden has an opening to move quickly against Energy Transfer LP’s Dakota Access pipeline in the wake of a new court decision affirming the need for more review.

The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday refused to revive a key pipeline easement, which a lower court tossed last year due to inadequate environmental analysis. The D.C. Circuit didn’t order Dakota Access to shut down, but its ruling provides fresh legal cover for Biden to step in and halt operations—if he chooses to.

“The D.C. Circuit has given the Biden administration a great ...

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