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Energy Transfer Partners may not operate Dakota Access Pipeline while the legally required Environmental Impact Statement process goes forward, Federal judge rules. bismarcktribune.com/bakken/federal-judge-orders-dakota-access-pipeline-shut-down/article_2cc387a3-f003-5557-b356-4063123a62ad.html
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Judge James Boasberg: "Given the seriousness of the Corps' ... error, the impossibility of a simple fix, … and the potential harm each day the pipeline operates, the Court is forced to conclude that the flow of oil must cease."
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Ruling upholds the right to PRIOR evaluation of environmental impact: NEPA requires "a detailed environmental impact statement be made for a ‘proposed’ action makes clear that agencies must take the required hard look *before* taking that action"
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Boasberg ruling: "there is no doubt that allowing oil to flow through the pipeline during remand risks the potentially disruptive effect about which the Tribes are most concerned — a spill under Lake Oahe." bloomberglaw.com/public/desktop/document/STANDINGROCKSIOUXTRIBEvUNITEDSTATESARMYCORPSOFENGINEERSDocketNo11/7?1594051642