A federal judge has ordered the Dakota Access pipeline to shut down until more environmental review is done. The pipeline has been carrying oil for three years.
U.S. District Judge James Boasberg said in April that the pipeline remains “highly controversial” under federal environmental law and a more extensive review was necessary than the environmental assessment that was done. On Monday, the judge wrote that even though the disruption will be significant, he had concluded the pipeline must be shut down.
Senator John Hoeven released the following statement after a U.S. District Court Judge ruled that the Dakota Access Pipeline must be shutdown beginning August 5 while the U.S. Army Corps completes an environmental impact statement:
“The Dakota Access Pipeline is vital energy infrastructure for North Dakota and our nation. The pipeline is equipped with the latest safeguards and technology, and after undergoing years of thorough state regulatory reviews and an extensive federal environmental assessment, it has been operating safely since 2017. Today’s district court ruling comes at a very difficult time because it will severely impact our state’s economy at the same time we are working to recover from the impacts of the COVID-19 pandemic. We anticipate the company will appeal the decision to the Circuit Court which should allow the Dakota Access Pipeline to continue to operate while the Army Corps of Engineers works to finalize its environmental impact statement.”
U.S. Senator Kevin Cramer (R-ND) issued the following statement.
“Shutting down the Dakota Access Pipeline would have devastating consequences to North Dakota and to America’s energy security. This terrible ruling should be promptly appealed.”
Congressman Kelly Armstrong has issued the following statement.
“The decision to shut down the Dakota Access is irresponsible and wrong-headed. It ignores all prior precedent and is a win for radical environmentalists. The pipeline has been operating without issue for over three years. This decision will be devastating to North Dakota’s economy, energy industry, and the nation’s national and energy security.”
North Dakota Gov. Doug Burgum issued the following statement.
“This troubling decision, which we expect will be appealed, could have devastating effects on North Dakota’s economy and U.S. energy security. No one cares more about North Dakota’s clean water than the people who live here, and if a single judge is able to shut down a state-of-the-art pipeline project that was permitted and has been operating safely for more than three years, it would have a chilling effect on America’s ability to build, modernize and improve our nation’s critical infrastructure, which we need to do for both energy security and environmental stewardship.”
Former Standing Rock Sioux Tribe Chairman David Archambault issued the following statement:
“To finally, after so many years hear the court say that ‘you guys are right’ its just a good feeling. It just validates the hard work that everybody put into trying to point out our position.”
Energy Transfer Partners issued the following statement:
We believe that the ruling issued this morning from Judge Boasberg is not supported by the law or the facts of the case. Furthermore, we believe that Judge Boasberg has exceeded his authority in ordering the shutdown of the Dakota Access Pipeline, which has been safely operating for more than three years. We will be immediately pursuing all available legal and administrative processes and are confident that once the law and full record are fully considered Dakota Access Pipeline will not be shut down and that oil will continue to flow.
We intend to immediately file a motion to stay this decision and if not granted, to pursue a stay and expedited appeal with the Court of Appeals. We also believe that the Army Corps of Engineers has the ultimate jurisdiction over this matter, pursuant to its regulations governing Corps property.
We will continue to cooperate with the Corps through their process as we believe, as does the Corps per their filing with the District Court, that the proper procedures were followed in granting the original easement and that their work will reconfirm that the easement across federally owned lands in North Dakota was properly granted.
The economic implications of the Judge’s order are too big to ignore and we will do all we can to ensure its continued operation. The Dakota Access Pipeline is the only direct pipeline from North Dakota to the distribution hub in Patoka, Illinois, from where this domestically produced Bakken-produced crude oil is transported to refineries throughout the Midwest and the Gulf Coast. Billions of dollars in tax and royalty revenue will be lost by state, local and tribal governments in North Dakota, South Dakota, Iowa and Illinois. Farmers will suffer as crude transportation will move to rail, displacing corn, wheat and soy crops that would normally be moved to market. Ironically, the counties along these rail lines will face increased environmental risks due to the increased amount of crude oil travelling by rail.
This pipeline is the safest, most environmentally responsible method for moving North Dakota’s crude oil to refining markets around the country. Shutting down this critical piece of infrastructure would throw our country’s crude supply system out of balance, negatively impact several significant industries, inflict more damage on an already struggling economy, and jeopardize our national security.
This was an ill-thought-out decision by the Court that should be quickly remedied.
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