When The Music's Over, Turn Off The Dakota Access Pipeline

Last week, the District of Columbia Court of Appeals affirmed vacatur of the easement issued to the Dakota Access Pipeline by the Army Corps of Engineers. As I noted last month in connection with the Biden Executive Order concerning Keystone XL, no one in the industry is rushing out to plan any new pipelines and no one in the financing business is rushing out to provide the cash to build any new pipelines.

Although the DAPL decision does not break any new ground, it certainly adds to the sense that siting new pipelines may be an uphill battle at this point. The Court's opinion affirms the primacy of NEPA in ensuring that environmental impacts are addressed before major infrastructure projects are constructed. Specifically, the Court stated that: