A federal judge ordered an Energy Transfer Partners LP company to work with Native American tribes on developing a spill response plan for the Dakota Access pipeline in North Dakota.
Judge James
The pipeline's crossing of Lake Oahe was one of the issues at the center of months of protests against Dakota Access. The court decided in October that the pipeline could continue carrying oil while the Army Corps performs an additional environmental review of the line.
The interim conditions were placed in response to requests made by the tribes, which Dakota Access and the Army Corps opposed.
"The court concludes that the interim conditions are ... a means by which the court can ensure that it receives up-to-date and necessary information about the operation of the pipeline and the facts on the ground," Boasberg wrote in a Dec. 4 opinion.
Boasberg also said the recent spill from a portion of the Keystone XL oil pipeline in South Dakota demonstrated a "pressing need" for such monitoring of any developments of the Dakota Access pipeline.
"Although the court is not suggesting that a similar leak is imminent at Lake Oahe, the fact remains that there is an inherent risk with any pipeline," Boasberg said. He also said Dakota Access and the Army Corps' argument that the tribes' rights and resources are fully protected are flawed. Without the additional measures prompting information sharing about ongoing operations of the pipeline, the court and the public would be unable to determine if current safety measures are effective.
The spill response plan must be submitted by April 1, 2018. (U.S. District Court for the District of Columbia docket 1:16-cv-01534-JEB)
