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posted by martyb on Monday June 19 2017, @11:47AM   Printer-friendly
from the considering-the-other-side dept.

AlterNet reports

A federal judge ruled [June 14] that the Trump administration must conduct additional environmental review of the Dakota Access Pipeline, handing a limited victory to Native American tribes fighting the administration's decision to move forward with the project.

In an extensive opinion,[PDF][1] Washington, DC District Court Judge James Boasberg sided with the tribes by agreeing the Army Corps of Engineers "did not consider the impacts of an oil spill on fishing rights, human rights, or environmental justice."

[...] Boasberg did not order a shutdown of operations on the pipeline, which began pumping oil early this month. The tribes and pipeline owner Energy Transfer Partners are ordered to appear in court next week to decide next legal steps, and the tribes are expected to argue for a full shutdown of pipeline operations.

[1] Link in article redirects.

Previous coverage:
Dakota Access Pipeline Suffers Oil Leak Even Before Becoming Operational
Recent News Dispatches From Standing Rock (DAPL)
Army Corp of Engineers Now Accepting Public Comment on the Dakota Access Pipeline
Army Corps of Engineers Blocks the Dakota Access Pipeline
Standing Rock Protester May Lose Her Arm Because of Police Grenades
Water Cannons Used in Sub-Freezing Temperatures at Dakota Access Oil Pipeline Protest
Standing Rock Protestors Gassed and Attacked; Bundy Gang Acquitted [Updated]
Journalist Charged in North Dakota with Rioting; Case is Dismissed

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  • (Score: 0) by Anonymous Coward on Monday June 19 2017, @09:52PM

    by Anonymous Coward on Monday June 19 2017, @09:52PM (#528171)

    And massively contaminate the groundwater/downstream ecosystem, would it result in the pipeline getting shut down, or simply a payout, eminent domaining of the land, and forced relocation of the tribes to another (smaller) reservation made somewhere else?

    That could be win win for the oil company and government, because once the land is polluted are they really going to want to live on it, ancestors or no?

    Or it could result in:
    -A massively lawsuit (land is by definition unique so money is not on its own enough, eminent domain "shouldn't" apply because this pipe "shouldn't" be a matter government interest... although the Trump Administration may try to do that anyway)
    -A huge and expensive cleanup effort (see: Exxon-Valdez, and Deepwater Horizon)
    -Tons of bad publicity (again, see: Exxon-Valdez, and Deepwater Horizon)
    -Major impediments to future projects (how much harder will it be to build the next pipeline when the next NIMBYs can go to court and point to the Great Spill of 2017 as proof the technology can't be made safe)
    -Poisoned water (injured Indians, more expenses for shipping in water, like at Flint)

    Sounds like a lose-lose to me.

    Yes, the oil companies and government could do some kind of black ops (or maybe even just willful neglect and try to "get lucky") and things work out as you say... But that's a HUUGE risk to be taking.