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Standing Rock Sioux Tribe, et al v U.S. Army Corps of Engineers, et al

14 June 2017

United District Court for the District of Columbia

Civil Action No. 16-1534 (JEB)

Date: 14 June 2017

Judge: James E. Boasberg

In this matter, the Standing Rock Sioux Tribe argued that the U.S. Army Corps of Engineers failed to consider the environmental impact of the proposed Dakota Access Pipeline project before granting permits for the construction and operation of the pipeline under Lake Oahe. The Court agreed that the U.S. Army Corps of Engineers did not adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice, or the degree to which the pipeline’s effects are likely to be highly controversial. To remedy those violations, the Corps will have to reconsider those sections of its environmental analysis upon remand by the Court. Whether Dakota Access must cease pipeline operations during that remand presents a separate question of the appropriate remedy, which will be the subject of further briefing.

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Section 24 of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

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