On Wednesday, the D.C. Circuit Court of Appeals stayed the
injunction requiring the shutdown of the Dakota Access
Pipeline. 
It's a victory
for the operator, Energy Transfer LP, simply because it lives to
fight another day. From a legal point of view, however, I
wouldn't take that much comfort from the decision.
The basis for the stay was that the District Court did not make
explicit findings on the need for an injunction. I suspect
that, if one were to catch Judge Boasberg in a candid moment, he
might suggest to the Court of Appeals judges that they might have
reasonably inferred from his opinion that he'd made the requisite
findings. On remand, I don't think it will be that
difficult for the judge to justify issuing an injunction. It
is true that there is language in the Circuit Court order
indicating that the Corps should consider whether to allow the
pipeline to operate, but there is nothing in the order that
precludes the District Court from making the
