Judge allows Dakota Access pipeline to keep running
U.S. District Judge
"Today's decision is a disappointing continuation of a historic pattern: Other people get all the profits, and the tribes get all the risk and harm," said
Boasberg found that it is likely the
"The Corps must simply connect the dots," he said. "This, then, is not a case in which the agency must redo its analysis from the ground up."
Boasberg also acknowledged that shutting down the pipeline would disrupt the energy industry, but said it wasn't a major factor in his decision.
The
Energy industry officials applauded Boasberg's ruling, with
The
Hasselman said Boasberg's ruling isn't appealable.
President
Boasberg ruled on
Boasberg in June said the Corps didn't adequately consider how an oil spill under the
The judge said the Corps also didn't adequately study how the pipeline might disproportionately affect the tribal community — a concept known as environmental justice. That aims to ensure development projects aren't built in areas where minority populations might not have the resources to defend their rights.
In its analysis of the
Boasberg in his ruling Wednesday said that issue was "a closer call" than the others, but that it still did not justify shutting down the pipeline. He noted that the tribe's water intake has been moved about 50 miles (80 kilometers) downstream since pipeline construction began, and said an alternative river crossing near
"Risks presented to this tenfold increase in population must, of course, be considered," the judge said.
Corps attorneys said the agency expects to be able by next spring to substantiate its earlier determination that the pipeline poses no significant environmental threats. ETP maintained that a shutdown would cost it
Tribal attorneys argued that ETP had overstated the potential effects of a shutdown, and Boasberg acknowledged "some cause for skepticism" regarding ETP's predictions. Tribal attorneys also said a shutdown would create incentive for the Corps to take the review seriously.
The tribes had proposed a fallback plan if Boasberg decided against a shutdown. It includes increased public reporting of pipeline issues such as repairs, and implementation of a spill response plan — including equipment staging — at
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