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D.C. Court Issues Stay Preventing DAPL Shutdown
South Dakota Ag Connection - 07/15/2020

Senator John Hoeven released the following statement Tuesday after the U.S. Court of Appeals for the D.C. Circuit issued an administrative stay temporarily preventing the district judge's shutdown order, allowing the Dakota Access Pipeline to continue operating while the appeals court considers arguments.

"The Dakota Access Pipeline is important energy infrastructure that has been safely operating for three years. This temporary stay is a good step that recognizes the significant impact that shutting down the pipeline will have on our state's economy. Next, we hope the Circuit Court will grant a long-term stay and allow the pipeline to continue operating."

The stay is expected to last a matter of days or weeks while the D.C. Circuit decides whether to require the pipeline to halt operations, or allow it to continue moving oil during an appeals process expected to last many months.

The Standing Rock Sioux and other tribes have until 4 p.m. Monday to file briefs at the circuit court, and replies are due July 23.

The appeals court's involvement comes a week after a federal district court ordered developer Energy Transfer LP to empty the pipeline of oil while the Army Corps of Engineers completes a court-ordered environmental review expected to last into 2021. Dakota Access has been in service for three years.

Energy Transfer could take the issue to the U.S. Supreme Court if the D.C. Circuit ultimately declines to issue a long-term stay of the district court's shutdown order.

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