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Dakota Access Pipeline Asks SCOTUS to Weigh Environmental Review

Jan. 5, 2022, 4:12 PM

The U.S. Supreme Court must review a lower court’s finding that the Dakota Access Pipeline needs more environmental study because the federal government’s response to criticisms failed to “convince the court,” according to pipeline attorneys.

This heightened “convince-the-court” standard goes against the National Environmental Policy Act and effectively usurps agency authority, Dakota Access told the Supreme Court. The U.S. Court of Appeal for the D.C. Circuit would have ruled no environmental impact statement was required if it did its job properly, the pipeline said.

It’s unclear that the appeals court actually applied the standard, the federal government told the high ...

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