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Dakota Access Pipeline Allowed to Remain in Service

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A federal appeals court has reversed a judge’s order to shut down the Dakota Access Pipeline pending a full environmental review.

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The U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of pipeline owner Energy Transfer to keep oil flowing on Aug. 5. However, the appellate court declined to grant Energy Transfer’s motion to block the environmental review.

On July 6, U.S. District Judge James Boasberg in Washington, D.C., ordered the Dakota Access Pipeline shut down within 30 days for additional environmental review more than three years after it began operations. Energy Transfer disputed the ruling and requested that Boasberg’s order be halted and an expedited appeal citing the disruption the shutdown would cause.

RELATED: Energy Transfer Disputes Judge’s Decision on Dakota Access Pipeline

Boasberg said in April that a more extensive review was necessary than what the U.S. Army Corps of Engineers had conducted.

Energy Transfer released a statement that argued Boasberg’s ruling “is not supported by the law or the facts of the case,” adding that the company believes the judge “has exceeded his authority in ordering the shutdown of the Dakota Access Pipeline, which has been safely operating for more than three years.”

Despite the appeals court siding with Energy Transfer, the Standing Rock Sioux and other tribes plan to continue to oppose the pipeline during the ensuing environmental review.

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