1 00:00:00,040 --> 00:00:02,840 Speaker 1: Now it's time for our daily Bloomberg Law Brief, exploring 2 00:00:02,920 --> 00:00:05,320 Speaker 1: legal issues in the news. And the Bloomberg Law Brief 3 00:00:05,440 --> 00:00:09,440 Speaker 1: is brought to you by American Arbitration Association, International Trade 4 00:00:09,520 --> 00:00:12,880 Speaker 1: or Business Dispute Resolve Faster with the International Center for 5 00:00:12,880 --> 00:00:16,200 Speaker 1: a Dispute Resolution, the leader in alternative dispute resolution around 6 00:00:16,200 --> 00:00:19,599 Speaker 1: the world, i c d R dot org. Today, Bloomberg 7 00:00:19,680 --> 00:00:22,520 Speaker 1: Law host Doing Grosso discusses the future of the Dakota 8 00:00:22,600 --> 00:00:25,479 Speaker 1: Access Pipeline after a judge allowed the U. S. Army 9 00:00:25,480 --> 00:00:28,520 Speaker 1: Corps of Engineers to move forward with a full environmental 10 00:00:28,600 --> 00:00:31,800 Speaker 1: study of the three point eight billion dollar pipeline. She 11 00:00:31,800 --> 00:00:34,839 Speaker 1: speaks with Charles Warren, share of the environmental law practice 12 00:00:34,840 --> 00:00:38,000 Speaker 1: at Kramer Levin Chuck. There has been a lot of 13 00:00:38,040 --> 00:00:42,000 Speaker 1: litigation in this case. What is the legal question in 14 00:00:42,040 --> 00:00:45,520 Speaker 1: this last motion? Well, I think the legal question here 15 00:00:45,880 --> 00:00:51,600 Speaker 1: is whether the Army can basically now require an environmental 16 00:00:51,760 --> 00:00:55,800 Speaker 1: impact statement, you know, after it had already been reviewed 17 00:00:55,800 --> 00:00:58,560 Speaker 1: by the Corps of Engineers and they indicated that were 18 00:00:58,600 --> 00:01:02,680 Speaker 1: not adverse environ mental impacts, and then it was reversed 19 00:01:02,760 --> 00:01:06,520 Speaker 1: essentially at the Assistant Secretary of the Army level for 20 00:01:06,640 --> 00:01:10,479 Speaker 1: Civil Works and and they asked for this environmental study, 21 00:01:10,480 --> 00:01:12,480 Speaker 1: and I think that's going to be that's going to 22 00:01:12,520 --> 00:01:16,360 Speaker 1: be one of the issues that they raise here. Trump, 23 00:01:16,560 --> 00:01:19,959 Speaker 1: whose transition team has said in memos that he supports 24 00:01:20,000 --> 00:01:24,840 Speaker 1: the pipeline's completion, could he seek to reverse the Army's 25 00:01:24,880 --> 00:01:27,720 Speaker 1: decision to continue to do the study. He could do that, 26 00:01:28,000 --> 00:01:30,759 Speaker 1: It's not that easy. One safe now said all right, 27 00:01:31,400 --> 00:01:35,840 Speaker 1: we think that it's warranted that we do this study. 28 00:01:36,040 --> 00:01:38,080 Speaker 1: And I think that would bring a lawsuit if they 29 00:01:38,080 --> 00:01:41,839 Speaker 1: didn't suddenly say no, it isn't. But that conceivably could 30 00:01:41,840 --> 00:01:45,039 Speaker 1: happen because I think that the new administration is going 31 00:01:45,040 --> 00:01:47,680 Speaker 1: to going to want to proceed with this pipeline, and 32 00:01:47,760 --> 00:01:50,040 Speaker 1: this is just sort of the last link of it. 33 00:01:50,280 --> 00:01:53,440 Speaker 1: And the issue will be it could be delayed for 34 00:01:53,480 --> 00:01:55,840 Speaker 1: a long time from their standpoint if you go through 35 00:01:55,840 --> 00:02:00,400 Speaker 1: with this environmental impact. Ultimately, will the pipeline be pleaded 36 00:02:00,440 --> 00:02:03,320 Speaker 1: in your opinion, I think it will be. Yes. I 37 00:02:03,360 --> 00:02:05,640 Speaker 1: mean it may they may have to move. They may 38 00:02:05,680 --> 00:02:08,840 Speaker 1: have to move this last segment, but I think there's 39 00:02:08,880 --> 00:02:11,080 Speaker 1: places that they can move it. But but it's they 40 00:02:11,200 --> 00:02:13,600 Speaker 1: built so much of it. I think it'd be unlikely 41 00:02:13,720 --> 00:02:17,720 Speaker 1: that it's not completed. And if the Trump administration tries 42 00:02:17,800 --> 00:02:21,040 Speaker 1: to move forward with it in this particular place, who 43 00:02:21,080 --> 00:02:23,600 Speaker 1: can sue? Is it the Indian tribes that can sue? 44 00:02:23,600 --> 00:02:26,040 Speaker 1: Are there other people that can sue? Yeah? I think 45 00:02:26,080 --> 00:02:28,640 Speaker 1: the Indian tribes, and then there are others probably who 46 00:02:28,680 --> 00:02:32,440 Speaker 1: have joined with them to the extent that they have 47 00:02:32,720 --> 00:02:35,359 Speaker 1: standing to sue. They probably could, But I think there'll 48 00:02:35,400 --> 00:02:38,079 Speaker 1: be a number of lawsuits to say, hey, the judgment 49 00:02:38,120 --> 00:02:41,320 Speaker 1: was made that we hadn't taken a complete look at this, 50 00:02:41,360 --> 00:02:43,680 Speaker 1: and we need to do more. And now you just 51 00:02:43,760 --> 00:02:47,520 Speaker 1: can't turn around on a dime with no basis, and uh, 52 00:02:48,000 --> 00:02:52,200 Speaker 1: you know, change your change your position. That's Charles Warren's 53 00:02:52,200 --> 00:02:54,680 Speaker 1: share of the environmental law break is at Cramer Levin 54 00:02:54,760 --> 00:02:57,480 Speaker 1: speaking with Bloomberg Law host Jun Grosso. You can listen 55 00:02:57,480 --> 00:03:00,360 Speaker 1: to Bloomberg Law weekdays at one pm Wall Street Time 56 00:03:00,480 --> 00:03:04,160 Speaker 1: here on Bloomberg Radio, and that's this Mornings Bloomberg Law Brief. 57 00:03:04,160 --> 00:03:06,160 Speaker 1: You can find more legal news at Bloomberg Law dot 58 00:03:06,160 --> 00:03:09,000 Speaker 1: com and Bloomberg Bena dot com. Attorneys will find exceptional 59 00:03:09,040 --> 00:03:12,000 Speaker 1: legal research and business development tools there as well. Visit 60 00:03:12,000 --> 00:03:15,760 Speaker 1: Bloomberg Law dot com and Bloomberg, Bena dot com for 61 00:03:15,919 --> 00:03:17,040 Speaker 1: more information,