US district judge James Boasberg said previously the pipeline, which has been in operation three years, remains “highly controversial” under federal environmental law, and a more extensive review was necessary than the environmental assessment that was done by the US Army Corps of Engineers.
In a 24-page order Monday, Boasberg wrote that he was ‘mindful of the disruption such a shutdown will cause’, but said he had concluded that the pipeline must be shut down.
‘Clear precedent favoring vacatur during such a remand coupled with the seriousness of the Corps’ deficiencies outweighs the negative effects of halting the oil flow for the 13 months that the Corps believes the creation of an EIS will take,’ Boasberg wrote.