Bloomberg Law Brief: Dakota Access Pipeline Issue (Audio) - podcast episode cover

Bloomberg Law Brief: Dakota Access Pipeline Issue (Audio)

Jan 23, 20173 min
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Episode description

(Bloomberg) -- Pat Parenteau, a professor at Vermont Law School, and Charles Warren, a partner at Kramer Levin Naftalis & Frankel, discuss the legal challenges surrounding the Dakota Access pipeline. They speak with June Grasso on Bloomberg Radio's "Bloomberg Law."

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Transcript

Speaker 1

Now it's time for our daily Bloomberg Law Brief, exploring legal issues in the news. And the Bloomberg Law Brief is brought to you by American Arbitration Association, International Trade or Business Dispute Resolve Faster with the International Center for a Dispute Resolution, the leader in alternative dispute resolution around

the world, i c d R dot org. Today, Bloomberg Law host Doing Grosso discusses the future of the Dakota Access Pipeline after a judge allowed the U. S. Army Corps of Engineers to move forward with a full environmental study of the three point eight billion dollar pipeline. She speaks with Charles Warren, share of the environmental law practice at Kramer Levin Chuck. There has been a lot of litigation in this case. What is the legal question in

this last motion? Well, I think the legal question here is whether the Army can basically now require an environmental impact statement, you know, after it had already been reviewed by the Corps of Engineers and they indicated that were not adverse environ mental impacts, and then it was reversed essentially at the Assistant Secretary of the Army level for Civil Works and and they asked for this environmental study, and I think that's going to be that's going to

be one of the issues that they raise here. Trump, whose transition team has said in memos that he supports the pipeline's completion, could he seek to reverse the Army's decision to continue to do the study. He could do that, It's not that easy. One safe now said all right, we think that it's warranted that we do this study. And I think that would bring a lawsuit if they

didn't suddenly say no, it isn't. But that conceivably could happen because I think that the new administration is going to going to want to proceed with this pipeline, and this is just sort of the last link of it. And the issue will be it could be delayed for a long time from their standpoint if you go through with this environmental impact. Ultimately, will the pipeline be pleaded in your opinion, I think it will be. Yes. I

mean it may they may have to move. They may have to move this last segment, but I think there's places that they can move it. But but it's they built so much of it. I think it'd be unlikely that it's not completed. And if the Trump administration tries to move forward with it in this particular place, who can sue? Is it the Indian tribes that can sue?

Are there other people that can sue? Yeah? I think the Indian tribes, and then there are others probably who have joined with them to the extent that they have standing to sue. They probably could, But I think there'll be a number of lawsuits to say, hey, the judgment was made that we hadn't taken a complete look at this, and we need to do more. And now you just can't turn around on a dime with no basis, and uh,

you know, change your change your position. That's Charles Warren's share of the environmental law break is at Cramer Levin speaking with Bloomberg Law host Jun Grosso. You can listen to Bloomberg Law weekdays at one pm Wall Street Time here on Bloomberg Radio, and that's this Mornings Bloomberg Law Brief. You can find more legal news at Bloomberg Law dot com and Bloomberg Bena dot com. Attorneys will find exceptional

legal research and business development tools there as well. Visit Bloomberg Law dot com and Bloomberg, Bena dot com for more information,

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