Could Judge Boasberg be assigned another North Dakota pipeline case?
Update on the Tesoro High Plains crude oil pipeline now owned by Marathon Petroleum Corporation.
Back to square one.
Marathon had shut the line partially down after an order from the Bureau of Indian Affairs, amid claims that the pipeline has been trespassing on Native American land for seven years. Marathon was also fined $187 million in damages in connection with that decision, which the Trump administration later reduced to $4 million. [And there's the rub. LOL.]
The Biden administration, however, reviewed the decisions and vacated all of them, amid due process concerns. They sent the matter back to the regional director, with instructions to provide a full and fair opportunity for all parties to be heard — basically, square one.
Marathon, meanwhile, filed suit against the government, accusing it of violating the Administrative Procedure Act for vacating the orders without any of the required notice, as well as violating Fifth Amendment due process rights.