Law and the Environment Foley Hoag LLP Dakota Access Must Shut Down. Is It a Harbinger?

by Seth Jaffe : lawandenvironment – excerpt

I don’t like to speculate, so I won’t say that July 6, 2020, was the beginning of the end of fossil fuel infrastructure in the United States. I will say, with apologies to Judith Viorst, that it was a Terrible, Horrible, No Good, Very Bad Day…

First came the news that even a recent Supreme Court win wasn’t enough to save the Atlantic Coast pipeline…

Then came the sledgehammer that may break the camel’s back – the decision by District Judge James Boasberg to vacate the Army Corps easement that allowed the Dakota Access pipeline to be built under Lake Oahe. The owners must shut the pipeline down and empty it of oil within 30 days – and keep it that way until a full Environmental Impact Statement is prepared…

When it comes to NEPA, it is better to ask for permission than forgiveness: if you can build first and consider environmental consequences later, NEPA’s action-forcing purpose loses its bite… (more)

Looks like some of the courts are upholding environmental laws.

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