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Energy Transfer seeks to complete Dakota Access construction

Published by
World Pipelines,

Energy Transfer Partners, L.P. and Sunoco Logistics Partners, L.P. have recently announced that the companies have made two related court filings, seeking a judgment declaring that Dakota Access Pipeline (a subsidiary of Energy Transfer Partners) has the legal right of way to build, complete and operate the Dakota Access pipeline without further action from the Army Corps of Engineers (the Corps).

Dakota Access Pipeline is requesting that the court to confirms that the Corps has already granted all of the relevant authorisations that gives the company right of way to complete construction of the final section of pipeline. The final section is set to run beneath federal land that borders Lake Oahe in North Dakota.

“The declaratory relief Dakota Access Pipeline has sought seeks to end the Administration’s political interference in the Dakota Access Pipeline review process. This relief is fully warranted because the Corps has never before declined to provide written documentation of the granting of an easement, a perfunctory ministerial act, to use federally owned land after granting regulatory permission for work on the very same land. Granting the declaratory judgment would restore normal order to the federal permitting process and end the Administration’s flagrant disregard for the rule of law,” said Kelcy Warren, CEO of Energy Transfer Partners.

Dakota Access Pipeline has been granted the permits, approvals and certificates that were required in order to complete construction of the pipeline.

These filings follow the Corps’ recent announcement that it had completed the additional review of Dakota Access Pipeline, that had began on 9 September. The Corps concluded that its previous decisions regarding the pipeline’s proposed crossing at Lake Oahe aligned with legal requirements. However, the Corps has now claimed that additional discussion with the Standing Rock Sioux Tribe, along with further analyses, are warranted. Moreover, while its discussions with the Tribe are ongoing, construction on or under Corps land cannot occur.

The declaratory relief that Dakota Access Pipeline has sought directly challenges the Corps’ position and to end interference from the Obama Administration so that the pipeline can be completed.

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