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Dakota Access Pipeline Shutdown Order Remains in Place, for Now

July 7, 2020, 3:35 PM

A federal judge is for now standing by his order for the Dakota Access pipeline to shut down by Aug. 5, rejecting developer Energy Transfer LP’s request for an immediate stay.

Judge James E. Boasberg, of the U.S. District Court for the District of Columbia, denied the urgent request in a short order Tuesday, but said he would soon discuss a schedule for weighing whether to let the oil pipeline stay in service while Energy Transfer pursues an appeal.

  • Boasberg on Monday ordered Energy Transfer to empty Dakota Access of oil in 30 days while the Army Corps of Engineers conducts a court-ordered environmental review.
  • The decision, if upheld, is a devastating blow to the pipeline, which has been in service for three years delivering oil from North Dakota shale fields to an oil hub in Illinois.
  • Energy Transfer has vowed to use every available legal tool to keep Dakota Access in service. The company has already launched a challenge to the district court’s decision before the U.S. Court of Appeals for the District of Columbia Circuit. The Trump administration hasn’t yet signaled whether it will also pursue an appeal.

The case is Standing Rock Sioux Tribe v. Army Corps of Engineers, D.D.C., No. 1:16-cv-01534, motion denied 7/7/20.

To contact the reporter on this story: Ellen M. Gilmer in Washington at egilmer@bloombergindustry.com

To contact the editors responsible for this story: Gregory Henderson at ghenderson@bloombergindustry.com; Anna Yukhananov at ayukhananov@bloombergindustry.com

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