To decide on a remedy in a case like this, the Court balances the overall equities and considers the practicality of alternatives. Both underlying factors—whether the deficiencies warranting remand are serious and the disruptive consequences of vacatur—strongly favor allowing the Dakota Access Pipeline (“DAPL”) to continue operating during remand.
The fight to stop the Dakota Access Pipeline, which threatens the water and sacred sites of the Standing Rock Sioux Tribe, has grown into a global movement of solidarity with Standing Rock. Earthjustice is representing the Tribe in their legal challenges against the pipeline.
Plaintiffs challenge San Joaquin Valley Air Pollution Control District's (AirDistrict) 2014 approval of permits authorizing the construction of an oily water sewer system (sewer system) for a rail-to-pipeline transfer terminal in Kem County. Plaintiffs contend Air District violated the California Environmental Quality Act (CEQA; Pub. Resources Code,§ 21000 et seq.1) by concluding the proposed sewer system involved only ministerial actions, and was therefore exempt from environmental review. Plaintiffs argue approval of the permits was discretionary, not ministerial and, therefore, the CEQA exemption determination was wrong.
Earthjustice is the premier nonprofit environmental law organization. We wield the power of law and the strength of partnership to protect people’s health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change. We are here because the earth needs a good lawyer.