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Dakota Access Pipeline

The Latest On: Dakota Access Pipeline

August 28, 2017 | Legal Document

Standing Rock Sioux Tribe & Cheyenne River Sioux Tribe's Reply Brief Regarding Remedy

The Corps and Dakota Access response briefs sidestep most of the Tribes’ critical arguments at the heart of this motion. Instead, they promote a revisionist reading of the case law that, if accepted, would transform the nearly universal “standard” remedy of vacatur for NEPA violations into one that would be appropriate in only the most unusual situations. Further, they continue to rely on exaggerated and unsupported predictions that vacatur would cause grave economic dislocation, and falsely advance a new theory that vacatur would increase the risk of environmental harm.

July 17, 2017 | Legal Document

Exhibit A: Proposed Amicus Brief (259)

Amici Curiae Brief Of The American Fuel & Petrochemical Manufacturers, The American Petroleum Institute,The Association Of Oil Pipe Lines, The Chamber Of Commerce Of The United States Of America, And The National Association Of Manufacturers In Support Of Dakota Access, LLC’s Brief On Vacatur

July 17, 2017 | Legal Document

U.S. Army Corps Of Engineers’ Brief Regarding Remedy

Before the Court is the question of whether two United States Army Corps of Engineers’ authorizations to construct a portion of the Dakota Access Pipeline under Lake Oahe should be vacated during remand on three discrete issues. Vacatur is unnecessary and inappropriate under both prongs of the controlling D.C. Circuit test, set out in Allied-Signal, Inc. v. U.S. Nuclear Regulatory Comm’n, 988 F.2d 146 (D.C. Cir. 1993).

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