Dakota Access Order Creates Unworkable Standard, Agency Says (1)

A district court’s decision to require added environmental review for the Dakota Access oil pipeline creates an impossible standard for infrastructure development, the Army Corps of Engineers told the D.C. Circuit.

“If not corrected, the district court’s decision will create a new, heightened standard of judicial review that will be impossible for agencies to meet as they consider vital infrastructure projects that excite opposition from some sector of society,” lawyers for the agency said Wednesday.

The Army Corps made the arguments in a new brief to the U.S. Court of Appeals for the District of Columbia Circuit, which is deciding ...