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."
For a deeper dive:
In less than one week, Interior Sec. Ryan Zinke will submit his final recommendations to President Trump on whether 27 national monuments around the country should be downsized, eliminated, transferred to state control or left alone.
But as Aaron Weiss, the media director of the conservation group Center for Western Priorities, pointed out: "Rather than spending his final week hearing from local communities who have worked tirelessly to protect their natural and cultural heritage as national monuments, Secretary Zinke is on vacation in the Mediterranean. His wife, Lola Zinke, tweeted a picture early this morning of herself and Secretary Zinke enjoying a sunrise on the Bosphorus Strait."
Energy Transfer Partners' controversial $4.3 billion Rover pipeline has more negative inspection reports than any other major interstate natural gas pipeline built in the last two years, according to a new Bloomberg analysis.
The 713-mile pipeline, which will carry fracked gas across Pennsylvania, West Virginia, Ohio and Michigan and Canada, has been stalled from numerous environmental violations, including a 2 million gallon drilling fluid spill into an Ohio wetland in April.
'A Major Win for New Yorkers': Court of Appeals Upholds State's Denial of Water Quality Certification for Constitution Pipeline
The U.S. Court of Appeals for the Second Circuit upheld New York State's denial of a water quality certification for the Constitution Pipeline Friday, a critical win for the Attorney General's office and the state's authority to take necessary action to protect its waters and natural resources. The appeals court noted that the state is entitled to "conduct its own review of the Constitution Project's likely effects on New York waterbodies and whether those effects would comply with the state's water quality standards."
New York must be able to do what's necessary to protect our environment—and we're glad that the court agreed.
By Anne Bolen
On Aug. 21, for the first time since 1918, a total solar eclipse will cross the U.S. from coast to coast. Along the path of totality, the moon will completely block out the sun, turning day to twilight for nearly three minutes. While a partial eclipse will be visible throughout the U.S., millions will be flocking to spots along the path of totality, which begins in Salem on Oregon's coast about 10:15 a.m. Pacific Daylight Time and exits the nation at Charleston, South Carolina, where maximum coverage will occur about 2:47 p.m. Eastern Daylight Time. Perhaps no other natural event will inspire so many people to go outdoors.
The Trump administration released an environmental review Thursday of Hilcorp Alaska's Arctic offshore drilling development. Hilcorp plans to build a 9-acre artificial island and 5.6-mile pipeline in the Beaufort Sea for its offshore drilling project. The Trump administration's draft environmental impact statement proposes to greenlight the dangerous drilling plan, which would be a first for federal waters in the Arctic.
The incident was detailed in several Facebook posts from Equinac, a Spanish marine wildlife conservation group.
The National Park Service (NPS) announced Wednesday that it has rescinded the 2011 "Water Bottle Ban" that allowed parks to prohibit the sale of disposable plastic water bottles. That same day, news emerged that the Trump administration removed a nine-slot Capital Bikeshare station at the White House that was requested and installed during the Obama years and used by staffers.
By Catherine Collentine
This week, a federal court ruled that the Obama administration over-penalized Exxon for dumping hundreds of thousands of gallons of a pollutant onto the streets of Mayflower and threw out a number of safety violations levied against Exxon on the basis that the company met its legal obligations to consider the risks associated with the pipeline.