Pipeline Defeated – Judge James Boasberg sides with Native Americans and the Environment

We have been fighting this 1000 mile long monstrosity for over a decade. First at the EPA hearing level and the Political Level (Obama), then at the protest and blockade level, and now at the Legal level. While Obama was a great guy on the environment and temporarily halted the pipeline, this ruling is a major step at blocking tar sands and fracking products from coming to Illlinois and then ultimately to the Gulf Coast. It is also a major blow against Koch Industry. We have gone past 1.5 Degrees temperature rise with the current level of Green House Gases, so the Lord better give us a couple more victories.

https://www.theguardian.com/us-news/2020/jul/06/dakota-access-pipeline-environment-oil

Judge suspends Dakota Access pipeline over environmental concerns

  • US district judge sides with Standing Rock Sioux tribe
  • More extensive environmental review is required – judge
Opponents of the Dakota Access oil pipeline march out of their main camp near Cannon Ball, North Dakota, in February 2017.
Opponents of the Dakota Access oil pipeline march out of their main camp near Cannon Ball, North Dakota, in February 2017. Photograph: Terray Sylvester/Reuters

A federal judge has sided with the Standing Rock Sioux tribe and ordered the Dakota Access pipeline to be shut down until a more extensive environmental review is carried out.

US district judge James Boasberg had previously said the pipeline, which has been in operation three years, remained “highly controversial” under federal environmental law, and a more extensive review was necessary after an environmental assessment by the US army corps of engineers.

In a 24-page order on Monday, Boasberg wrote that he was “mindful of the disruption such a shutdown will cause” but said he had concluded that the pipeline must be shut down for an environmental impact statement (EIS).

“Clear precedent favoring vacatur [an order setting aside a previous judgment] during such a remand coupled with the seriousness of the Corps’ deficiencies outweighs the negative effects of halting the oil flow for the 13 months that the Corps believes the creation of an EIS will take,” Boasberg wrote.

Boasberg had ordered both parties to submit briefs on whether the pipeline should continue operating during the new environmental review.

 

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Go there and read. Hallelujah. More next week.

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