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Native American tribes to oppose temporary Dakota Access oil line stay order, lawyers say

Published 07/15/2020, 01:04 PM
Updated 07/15/2020, 01:35 PM
© Reuters. FILE PHOTO: Nathan Phillips prays with other protesters near the main opposition camp against the Dakota Access oil pipeline near Cannon Ball

By Devika Krishna Kumar

NEW YORK (Reuters) - Native American tribes will file a response by next week opposing a U.S. court's order that allows the Dakota Access oil pipeline to keep flowing, lawyers representing them said on Wednesday.

The U.S. Court of Appeals for the District of Columbia granted Dakota Access an administrative stay on Tuesday while it considers whether the line, long opposed by local tribes and environmental activists, should be shut to address permitting issues dating to 2017.

Tuesday's ruling means Energy Transfer (NYSE:ET) LP can keep oil flowing through the 570,000-barrel-per-day pipeline, which runs from North Dakota's oil production fields to Midwest and Gulf Coast refineries. This order, however, is meant to be short-term in nature, and attorneys for the tribes are expected to file a response opposing a longer-term emergency stay motion by next week.

A hearing is likely to be held on the week of July 27 or the following, said Earthjustice attorney Jan Hasselman, who represents the Standing Rock Sioux.

"The administrative stay is anticipated to be short-term in nature, days-weeks, as the court evaluates granting a longer-dated stay throughout the shutdown order's appeals process," analysts for Tudor Pickering Holt said in a note on Wednesday.

On July 6, the U.S. District Court for the District of Columbia ordered the line shut and emptied by early August.

The D.C. court ruled the U.S. Army Corps of Engineers violated federal environmental law by allowing Energy Transfer to build a portion of the line beneath South Dakota's Lake Oahe, a crucial drinking-water source for the Standing Rock Sioux tribe without a thorough environmental study.

© Reuters. FILE PHOTO: Opponents of the Dakota Access oil pipeline march out of their main camp near Cannon Ball

Energy Transfer shares were up 2.6% by 12:25 p.m. ET (1625 GMT).

Latest comments

Water supply? They are worried about a pipeline destroying their water supply? Burial Grounds? Get Real!
This is the United States of America! Every American citizen must be treated equally! If the pipeline helps the American economy, and does not hurt the wellbeing of the native American tribes, the projects must move forward.
the standing rock reservation goverment has rejected the pipline because its built on burial grounds and the fedral judge has rejected the pipline due to its treat to the local water supply.
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