The U.S. Army Corps of Engineers today asked an appeals court to reverse a ruling which set aside an environmental permit that allows the 570K bbl/day Dakota Access crude oil pipeline to operate on U.S. land.
The Army Corps and Dakota Access, led by Energy Transfer (NYSE:ET), argued the U.S. District Court for the District of the Columbia abused its discretion in vacating the permit and ordering a new environmental study to be conducted.
“The district court’s decision will create a new, heightened standard of judicial review that will be impossible for agencies to meet as they consider vital infrastructure projects,” the Army Corps said in its brief.
Three weeks ago, the D.C. Circuit Court of Appeals stayed the lower court injunction that had ordered the shutdown of the pipeline.