"Accufacts Inc. was asked to perform a detailed pipeline technical review of the above EA for the DAPL proposal, including the USACE’s mitigated finding of no significant impact. I have concluded that the EA is seriously deficient and cannot support the finding of no significant impact, even with the proposed mitigations."
the Court ORDERS as follows:
1. Defendant Fish & Wildlife Service’s withdrawal of its proposal to list the
Graham’s beardtongue and White River beardtongue as threatened, 79 Fed.
Reg. 46042, is VACATED;
Upon consideration of the emergency motion of appellant Standing Rock Sioux Tribe for injunction pending appeal, the oppositions thereto, the reply, the administrative injunction entered September 16, 2016, and the oral argument of the parties, it is ORDERED that the administrative injunction be dissolved. It is FURTHER ORDERED that the motion be denied.
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.