Huge Victory: Court Finds Approval of Dakota Access Pipeline Violated the Law

A federal judge ruled Wednesday that the Trump administration must conduct additional environmental review of the Dakota Access Pipeline, handing a limited victory to Native American tribes fighting the administration's decision to move forward with the project.
In an extensive opinion, Washington, DC District Court Judge James Boasberg sided with the tribes by agreeing the Army Corps of Engineers "did not consider the impacts of an oil spill on fishing rights, human rights, or environmental justice."
"This decision marks an important turning point," said Earthjustice attorney Jan Hasselman. "Until now, the rights of the Standing Rock Sioux Tribe have been disregarded by the builders of the Dakota Access Pipeline and the Trump administration—prompting a well-deserved global outcry. The federal courts have stepped in where our political systems have failed to protect the rights of Native communities."
Boasberg did not order a shutdown of operations on the pipeline, which began pumping oil early this month. The tribes and pipeline owner Energy Transfer Partners are ordered to appear in court next week to decide next legal steps, and the tribes are expected to argue for a full shutdown of pipeline operations.
Dallas Goldtooth, national Keep It In the Ground organizer for Indigenous Environmental Network, had this to say about the ruling:
"This is a huge victory for the tribal nations of the Oceti Sakowin, Water Protectors around the world and for the Indigenous leaders who led organizing efforts to stop the Dakota Access Pipeline.
"We're ecstatic with the court's decision, and applaud the Standing Rock Sioux Tribe and Cheyenne Sioux for continuing to hold the line and take the fight against the Trump administration and the Dakota Access Pipeline to the nation's courts. We hope this decision leads to the stoppage of oil flowing in the Bakken crude oil pipeline as a permanent remedy to protecting the drinking water of the Cheyenne River and Standing Rock Sioux Nations.
"Since the 1990s, our organization has been working to ensure the United States recognizes the need for environmental justice and for meaningful participation by Indigenous communities in permitting processes that will affect our sacred lands, inherent rights and access to clean water. We're seeing those efforts bear fruit, and now our movement has dealt a major blow to big oil.
"Despite underhanded, brutal tactics by Energy Transfer Partners to suppress Indigenous peoples, our movement will not be stopped. We will continue to support any and all efforts to divest from fossil fuels and stop the Dakota Access Pipeline once and for all."
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Wisdom the mōlī, or Laysan albatross, is the oldest wild bird known to science at the age of at least 70. She is also, as of February 1, a new mother.
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Comparing rime ice and glaze ice shows how each changes the texture of the blade. Gao, Liu and Hu, 2021, CC BY-ND
Ice buildup changes air flow around the turbine blade, which can slow it down. The top photos show ice forming after 10 minutes at different temperatures in the Wind Research Tunnel. The lower measurements show airflow separation as ice accumulates. Icing Research Tunnel of Iowa State University, CC BY-ND
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While traditional investment in the ocean technology sector has been tentative, growth in Israeli maritime innovations has been exponential in the last few years, and environmental concern has come to the forefront.
theDOCK aims to innovate the Israeli maritime sector. Pexels
<p>The UN hopes that new investments in ocean science and technology will help turn the tide for the oceans. As such, this year kicked off the <a href="https://www.oceandecade.org/" target="_blank" rel="noopener noreferrer">United Nations Decade of Ocean Science for Sustainable Development (2021-2030)</a> to galvanize massive support for the blue economy.</p><p>According to the World Bank, the blue economy is the "sustainable use of ocean resources for economic growth, improved livelihoods, and jobs while preserving the health of ocean ecosystem," <a href="https://www.sciencedirect.com/science/article/pii/S0160412019338255#b0245" target="_blank" rel="noopener noreferrer">Science Direct</a> reported. It represents this new sector for investments and innovations that work in tandem with the oceans rather than in exploitation of them.</p><p>As recently as Aug. 2020, <a href="https://www.reutersevents.com/sustainability/esg-investors-slow-make-waves-25tn-ocean-economy" target="_blank" rel="noopener noreferrer">Reuters</a> noted that ESG Investors, those looking to invest in opportunities that have a positive impact in environmental, social and governance (ESG) issues, have been interested in "blue finance" but slow to invest.</p><p>"It is a hugely under-invested economic opportunity that is crucial to the way we have to address living on one planet," Simon Dent, director of blue investments at Mirova Natural Capital, told Reuters.</p><p>Even with slow investment, the blue economy is still expected to expand at twice the rate of the mainstream economy by 2030, Reuters reported. It already contributes $2.5tn a year in economic output, the report noted.</p><p>Current, upward <a href="https://www.ecowatch.com/-innovation-blue-economy-2646147405.html" target="_self">shifts in blue economy investments are being driven by innovation</a>, a trend the UN hopes will continue globally for the benefit of all oceans and people.</p><p>In Israel, this push has successfully translated into investment in and innovation of global ports, shipping, logistics and offshore sectors. The "Startup Nation," as Israel is often called, has seen its maritime tech ecosystem grow "significantly" in recent years and expects that growth to "accelerate dramatically," <a href="https://itrade.gov.il/belgium-english/how-israel-is-becoming-a-port-of-call-for-maritime-innovation/" target="_blank" rel="noopener noreferrer">iTrade</a> reported.</p><p>Driving this wave of momentum has been rising Israeli venture capital hub <a href="https://www.thedockinnovation.com/" target="_blank" rel="noopener noreferrer">theDOCK</a>. Founded by Israeli Navy veterans in 2017, theDOCK works with early-stage companies in the maritime space to bring their solutions to market. The hub's pioneering efforts ignited Israel's maritime technology sector, and now, with their new fund, theDOCK is motivating these high-tech solutions to also address ESG criteria.</p><p>"While ESG has always been on theDOCK's agenda, this theme has become even more of a priority," Nir Gartzman, theDOCK's managing partner, told EcoWatch. "80 percent of the startups in our portfolio (for theDOCK's Navigator II fund) will have a primary or secondary contribution to environmental, social and governance (ESG) criteria."</p><p>In a company presentation, theDOCK called contribution to the ESG agenda a "hot discussion topic" for traditional players in the space and their boards, many of whom are looking to adopt new technologies with a positive impact on the planet. The focus is on reducing carbon emissions and protecting the environment, the presentation outlines. As such, theDOCK also explicitly screens candidate investments by ESG criteria as well.</p><p>Within the maritime space, environmental innovations could include measures like increased fuel and energy efficiency, better monitoring of potential pollution sources, improved waste and air emissions management and processing of marine debris/trash into reusable materials, theDOCK's presentation noted.</p>theDOCK team includes (left to right) Michal Hendel-Sufa, Head of Alliances, Noa Schuman, CMO, Nir Gartzman, Co-Founder & Managing Partner, and Hannan Carmeli, Co-Founder & Managing Partner. Dudu Koren
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