Federal court delivers blow to Dakota Access as Biden presidency leaves pipeline's fate in question
January 27, 2021
BISMARCK - A federal appeals court upheld a ruling Tuesday, Jan. 26, requiring an additional environmental review of the Dakota Access Pipeline, a decision that could escalate pressure on the embattled project to shut down even as the court stopped short of mandating this step itself.
A panel of three judges for the U.S. District Court of Appeals from the District of Columbia Circuit unanimously agreed with a previous ruling that DAPL's operations at its Missouri River crossing near the Standing Rock Sioux Reservation are illegal, requiring the U.S. Army Corps of Engineers to proceed with an extensive review of potential environmental hazards at that location.
And though the court cleared the pipeline to keep running, the decision leaves an open path for the newly inaugurated President Joe Biden to shut it down.