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U.S. Court of Appeals for the D.C. Circuit

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On remand from the D.C. Circuit, district court rules that Dakota Access Pipeline may continue operations during court-ordered environmental review

May 21, 2021

D.C. Circuit affirms district court order requiring Environmental Impact Statement for “controversial” pipeline easement, but vacates injunction against continued use of the pipeline pending the EIS

January 26, 2021

Click here to view the opinion.

U.S. Chamber and industry groups submit coalition amicus brief urging D.C. Circuit to reverse lower court decision that vacated easement for an already operating pipeline based on the government’s purported infirmities with its NEPA approval process

September 02, 2020

Click here to view the amicus brief filed jointly by the U.S. Chamber and industry groups.

David H. Coburn and Joshua H. Runyan of Steptoe & Johnson LLP served as co-counsel for the amici.

D.C. Circuit stays district court order that would have required pipeline to shutdown and remove all product because of government’s alleged NEPA shortcomings

August 05, 2020

Click here to view the order.

U.S. Chamber and industry group support stay of order that exceeds the appropriate remedies for alleged NEPA violations

July 13, 2020

Click here to view the amicus brief filed jointly with the American Fuel & Petrochemical Manufacturers, American Petroleum Institute, Association of Oil Pipe Lines, and National Association of Manufacturers. David H. Coburn and Joshua H. Runyan of Steptoe & Johnson LLP served as co-counsel for the amici.

The U.S. Chamber previously filed a brief when this case was in the U.S. District Court for the District of Columbia.

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