Where we stand today:
Friday, April 9, 2021, day 0:
- US Army Corps of Engineers won't shut it down; will let judge decide
- Judge: thumbs down; kill it;
SKIPPING AHEAD
- Judge: thumbs down; kill it;
Sunday, April 18, 2021, day 9:
- Judge: thumbs up; let it flow;
Monday, April 19, 2021, day 10:
- Judge: thumbs down; kill it;
Tuesday, April 20, 2021, day 11:
- Judge: thumbs up; let it flow;
Wednesday, April 21, 2021, day 12:
- Judge: thumbs down; kill it;
Thursday, April 22, 2021, day 13:
- Judge: thumbs up; let it flow;
Friday, April 23, 2021, day 14:
- Judge: thumbs down; kill it;
NOTE: unless there is a significant update, it is likely "The DAPL: Where We Stand Today" will go on hiatus for the immediate future.
Looking at the calendar, it appears this could be dragged out for weeks. The Bismarck Tribune posts a timeline at this link.
Pipeline operator Energy Transfer faces a deadline Monday, April 19, 2021, to submit extra information to the court about the economics surrounding the Dakota Access Pipeline.
That filing is expected to include details about how the price of oil has risen in recent months, leading to a better outlook for the oil industry than last year. Attorneys also are expected to touch on the coronavirus vaccine rollout and how the demand for oil could increase as more people start to travel. [So, it looks like factors completely unrelated to the pipeline itself are being considered. Might as well throw "global warming" and Chinese coal plants into the argument.]
The case is before U.S. District Judge James Boasberg, who has given the Standing Rock Sioux and other tribes fighting the pipeline until Friday, April 23 April, 2021, to indicate whether they will respond to the update provided by Energy Transfer.
Boasberg likely will rule in the coming weeks on whether the pipeline must shut down for the duration of a lengthy environmental review. He's expected to decide once he receives the updates from the parties involved in the lawsuit.
Energy Transfer, meanwhile, has petitioned for a federal appeals court to rehear the case after it upheld parts of Boasberg's past rulings revoking a permit for the pipeline's Missouri River crossing and requiring the review.
The company has asked Boasberg to hold off ruling on a potential pipeline shutdown until the U.S. Court of Appeals for the D.C. Circuit has decided what to do about its rehearing request. It's not clear whether Boasberg will follow the company's wishes or rule before the appeals court acts.
It appears that the judge is considering whether the rising price of oil will mitigate effects on shareholders before he makes his decision. I guess that makes sense. Why not? Picking winners and losers.
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