The federal district court for the District of Columbia granted summary judgment to the defendants in a challenge to a U.S. Army Corps of Engineers permit for the replacement of sections of the Line 3 oil pipeline in Minnesota. The arguments rejected by the court included arguments that the defendants failed to conduct an adequate review of the project’s contributions to climate change. The court agreed with the Corps that the National Environmental Policy Act did not require consideration of greenhouse gas emissions from the pipeline’s operation and transportation of crude oil because such effects would be “too far attenuated” from the permitted activities. The court therefore found that it was not arbitrary or capricious for the Corps to review only effects associated with the construction-related activities authorized by its permit. The court also found that the Corps’ discussion of the effects of construction activities on climate change was adequate. Regarding the “public interest” review under the Clean Water Act, the court similarly found that the Corps was not required to undertake an “expansive analysis” of the climate change implications of the entire project.

Challenge to U.S. Army Corps of Engineers authorizations for Line 3 pipeline project in Minnesota.

Red Lake Band of Chippewa Indians v. U.S. Army Corps of Engineers

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Federal Court Rejected Climate Change Arguments in Challenge to Line 3 Oil Pipeline Replacement Project

Filed

United States of America

District of Columbia

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Federal Court Rejected Climate Change Arguments in Challenge to Line 3 Oil Pipeline Replacement Project

Policy instrument

Risk

Impacted group

Just transition

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance