Category Archives: us corp of army engineers

Environmental Assessment Not Vacated on Remand in Dakota Access

The DC District Court demands defendants fulfill statutory obligations.

Turtle Talk

Here are the documents in the matter of Standing Rock Sioux Tribe et al v. U.S. Army Corps of Engineers et al (D.D.C. 16-cv-01534):

Doc. 283 – Order

Doc. 284 – Memorandum Opinion

Other materials posted here.

Excerpt:

In light of the “serious possibility” that the Corps will be able to substantiate its prior conclusions, the Court finds that vacatur is not the appropriate remedy in this case. That determination does not, however, excuse Defendants from giving serious consideration to the errors identified in this Court’s prior Opinion. Compliance with NEPA cannot be reduced to a bureaucratic formality, and the Court expects the Corps not to treat remand as an exercise in filling out the proper paperwork post hoc. After the agency’s further work on remand, the parties may well disagree over the sufficiency of its conclusion. If and when such a dispute arises, they will again have the…

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