A federal court on March 25 ordered the Trump administration to conduct a full environmental review of a controversial segment of the Dakota Access Pipeline, a longstanding focal point of tribal and environmental activism.
The court granted a request by the Standing Rock Sioux tribe, which had petitioned to nullify federal permits for Energy Transfer LP's Dakota Access Pipeline on grounds that the Army Corps of Engineers violated the National Environmental Policy Act (NEPA) when it issued permits in 2016 without conducting adequate environmental reviews.
"This court ultimately concludes that too many questions remain unanswered. Unrebutted expert critiques regarding leak-detection systems, operator safety records, adverse conditions, and worst-case discharge mean that the easement approval remains 'highly controversial' under NEPA," the court ruling says.
The court remanded the matter to the Army Corps of Engineers to prepare a full Environmental Impact Statement and ordered the parties to "brief the issue of whether the easement should be vacated during the remand" and oil can continue flowing.
"After years of commitment to defending our water and earth, we welcome this news of a significant legal win,” said Standing Rock Sioux Tribe Chairman Mike Faith.
The decision is the latest twist in a years-long legal battle over the pipeline. The Standing Rock Sioux tribe had sued the Army Corps over its approval of the pipeline in North Dakota, arguing that oil spills could contaminate their water source, the Missouri River.
Jan Hasselman, a lawyer for Earthjustice representing the tribe, said the court decision showed that the Obama administration was "right to deny the permits in 2016."
The pipeline, owned by Energy Transfer, has been operational since June 2017, after President Donald Trump granted its permit.
A coalition of businesses, trade associations and labor groups called Grow America's Infrastructure Now called the March 25 court decision "stunning" and a blow.
"Not only does this decision risk one company’s investment, but it could also jeopardize our nation’s economic and energy security moving forward,” said Craig Stevens, spokesperson for the Gain Coalition.
Energy Transfer was not immediately available for comment.
The Army Corps said in 2017 that granting the permit and right of way for the company on federally owned land “does not result in disproportionately high and adverse human health or environmental effects on minority populations, including tribes, and low-income populations.”
Recommended Reading
TotalEnergies, Air Liquide Form Hydrogen Joint Venture
2025-02-18 - TotalEnergies says it will work with Air Liquide on two projects in Europe, producing about 45,000 tons per year of green hydrogen.
TotalEnergies Enters 10-Year LNG Supply Deal with Indian E&P
2025-02-12 - Commencing in 2026, TotalEnergies will supply Gujarat State Petroleum Corp. with 400,000 tons of LNG, amounting to six cargoes per year, to terminals on India's west coast.
Ecopetrol Closes $452MM Deal for Repsol’s Interests in Colombian Block
2025-02-06 - Ecopetrol has completed a deal with Repsol Colombia Oil & Gas Ltd. to acquire its 45% participation interest in CPO-09 Block—assets GeoPark Ltd. had originally proposed buying.
Ecopetrol Buys Repsol Asset Out from Under GeoPark
2024-12-30 - GeoPark Ltd. said Ecopetrol has exercised its preemptive to acquire Repsol Colombia O&G Ltd., which holds a 45% non-operating working interest Block CPO-9.
GeoPark Ends Plans to Purchase Repsol’s Colombian Assets
2025-01-15 - Repsol’s partners exercised their rights to acquire Repsol Colombia O&G Ltd., which included interest in CPO-9 Block and SierraCol Energy Arauca LLC, after the purchase was announced.