ELR Citation: 50 ELR 20187
No(s). 1:16-cv-01534-JEB (D.C. Cir. Aug 5, 2020)

The D.C. Circuit stayed a lower court ruling that ordered the Dakota Access Pipeline to be shut down and emptied of oil within 30 days. As to the pipeline company's motion to stay the order vacating the Army Corps of Engineers' issuance of an easement under the Mineral Leasing Act, however, it found that the company failed to make a strong showing of likely success on their claims that the district court erred in directing the Corps to prepare an EIS, or that the district court abused its discretion in refusing to remand without vacatur pending completion of the EIS. It therefore denied the motion to stay that portion of the order.