“Energy Transfer LP’s infamous Dakota Access oil pipeline suffered another blow Tuesday when a judge upheld a decision to scrap a key permit, threatening a system that has already been up and running for more than three years.
The ruling doesn’t force the project to shut down, but that risk remains.
The U.S. Court of Appeals for the District of Columbia Circuit agreed with a lower court that the Army Corps of Engineers fell short of the National Environmental Policy Act when it allowed Dakota Access to cross a federal reservoir in North Dakota—and that the violation warranted scrapping the easement.
But the D.C. Circuit reiterated its previous ruling that the lower court went a step too far in ordering the pipeline to shut down.”