February 8, 2017
Partner Wayne D’Angelo was quoted in the Reuters article “North Dakota tribe says running out of options to stop pipeline.” The article notes that the Standing Rock Sioux Tribe may have exhausted legal options to stop the Dakota Access oil pipeline after the company building it won federal permission to tunnel under the Missouri River. The tribe recently said it would attempt to use a "legal battle and temporary restraining order" to shut down pipeline operations. Mr. D'Angelo said he believed the Trump administration was on "pretty solid legal ground." "The basis for this decision is well-established," he said. "The basis for the Obama administration's decision to reverse its position with respect to that easement is not well-established." Mr. D’Angelo goes on to note that the tribe would have to prove a very difficult standard: that approval for the pipeline was "arbitrary and capricious, an abuse of discretion or inconsistent with the record before the agency."
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