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Dakota Access Pipeline

The Latest On: Dakota Access Pipeline

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).

July 17, 2017 | Legal Document

Brief Of Dakota Access, LLC Regarding Remedy

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.