WEBVTT - Bloomberg Law Brief: Dakota Access Pipeline Issue (Audio)

0:00:00.040 --> 0:00:02.840
<v Speaker 1>Now it's time for our daily Bloomberg Law Brief, exploring

0:00:02.920 --> 0:00:05.320
<v Speaker 1>legal issues in the news. And the Bloomberg Law Brief

0:00:05.440 --> 0:00:09.440
<v Speaker 1>is brought to you by American Arbitration Association, International Trade

0:00:09.520 --> 0:00:12.880
<v Speaker 1>or Business Dispute Resolve Faster with the International Center for

0:00:12.880 --> 0:00:16.200
<v Speaker 1>a Dispute Resolution, the leader in alternative dispute resolution around

0:00:16.200 --> 0:00:19.599
<v Speaker 1>the world, i c d R dot org. Today, Bloomberg

0:00:19.680 --> 0:00:22.520
<v Speaker 1>Law host Doing Grosso discusses the future of the Dakota

0:00:22.600 --> 0:00:25.479
<v Speaker 1>Access Pipeline after a judge allowed the U. S. Army

0:00:25.480 --> 0:00:28.520
<v Speaker 1>Corps of Engineers to move forward with a full environmental

0:00:28.600 --> 0:00:31.800
<v Speaker 1>study of the three point eight billion dollar pipeline. She

0:00:31.800 --> 0:00:34.839
<v Speaker 1>speaks with Charles Warren, share of the environmental law practice

0:00:34.840 --> 0:00:38.000
<v Speaker 1>at Kramer Levin Chuck. There has been a lot of

0:00:38.040 --> 0:00:42.000
<v Speaker 1>litigation in this case. What is the legal question in

0:00:42.040 --> 0:00:45.520
<v Speaker 1>this last motion? Well, I think the legal question here

0:00:45.880 --> 0:00:51.600
<v Speaker 1>is whether the Army can basically now require an environmental

0:00:51.760 --> 0:00:55.800
<v Speaker 1>impact statement, you know, after it had already been reviewed

0:00:55.800 --> 0:00:58.560
<v Speaker 1>by the Corps of Engineers and they indicated that were

0:00:58.600 --> 0:01:02.680
<v Speaker 1>not adverse environ mental impacts, and then it was reversed

0:01:02.760 --> 0:01:06.520
<v Speaker 1>essentially at the Assistant Secretary of the Army level for

0:01:06.640 --> 0:01:10.479
<v Speaker 1>Civil Works and and they asked for this environmental study,

0:01:10.480 --> 0:01:12.480
<v Speaker 1>and I think that's going to be that's going to

0:01:12.520 --> 0:01:16.360
<v Speaker 1>be one of the issues that they raise here. Trump,

0:01:16.560 --> 0:01:19.959
<v Speaker 1>whose transition team has said in memos that he supports

0:01:20.000 --> 0:01:24.840
<v Speaker 1>the pipeline's completion, could he seek to reverse the Army's

0:01:24.880 --> 0:01:27.720
<v Speaker 1>decision to continue to do the study. He could do that,

0:01:28.000 --> 0:01:30.759
<v Speaker 1>It's not that easy. One safe now said all right,

0:01:31.400 --> 0:01:35.840
<v Speaker 1>we think that it's warranted that we do this study.

0:01:36.040 --> 0:01:38.080
<v Speaker 1>And I think that would bring a lawsuit if they

0:01:38.080 --> 0:01:41.839
<v Speaker 1>didn't suddenly say no, it isn't. But that conceivably could

0:01:41.840 --> 0:01:45.039
<v Speaker 1>happen because I think that the new administration is going

0:01:45.040 --> 0:01:47.680
<v Speaker 1>to going to want to proceed with this pipeline, and

0:01:47.760 --> 0:01:50.040
<v Speaker 1>this is just sort of the last link of it.

0:01:50.280 --> 0:01:53.440
<v Speaker 1>And the issue will be it could be delayed for

0:01:53.480 --> 0:01:55.840
<v Speaker 1>a long time from their standpoint if you go through

0:01:55.840 --> 0:02:00.400
<v Speaker 1>with this environmental impact. Ultimately, will the pipeline be pleaded

0:02:00.440 --> 0:02:03.320
<v Speaker 1>in your opinion, I think it will be. Yes. I

0:02:03.360 --> 0:02:05.640
<v Speaker 1>mean it may they may have to move. They may

0:02:05.680 --> 0:02:08.840
<v Speaker 1>have to move this last segment, but I think there's

0:02:08.880 --> 0:02:11.080
<v Speaker 1>places that they can move it. But but it's they

0:02:11.200 --> 0:02:13.600
<v Speaker 1>built so much of it. I think it'd be unlikely

0:02:13.720 --> 0:02:17.720
<v Speaker 1>that it's not completed. And if the Trump administration tries

0:02:17.800 --> 0:02:21.040
<v Speaker 1>to move forward with it in this particular place, who

0:02:21.080 --> 0:02:23.600
<v Speaker 1>can sue? Is it the Indian tribes that can sue?

0:02:23.600 --> 0:02:26.040
<v Speaker 1>Are there other people that can sue? Yeah? I think

0:02:26.080 --> 0:02:28.640
<v Speaker 1>the Indian tribes, and then there are others probably who

0:02:28.680 --> 0:02:32.440
<v Speaker 1>have joined with them to the extent that they have

0:02:32.720 --> 0:02:35.359
<v Speaker 1>standing to sue. They probably could, But I think there'll

0:02:35.400 --> 0:02:38.079
<v Speaker 1>be a number of lawsuits to say, hey, the judgment

0:02:38.120 --> 0:02:41.320
<v Speaker 1>was made that we hadn't taken a complete look at this,

0:02:41.360 --> 0:02:43.680
<v Speaker 1>and we need to do more. And now you just

0:02:43.760 --> 0:02:47.520
<v Speaker 1>can't turn around on a dime with no basis, and uh,

0:02:48.000 --> 0:02:52.200
<v Speaker 1>you know, change your change your position. That's Charles Warren's

0:02:52.200 --> 0:02:54.680
<v Speaker 1>share of the environmental law break is at Cramer Levin

0:02:54.760 --> 0:02:57.480
<v Speaker 1>speaking with Bloomberg Law host Jun Grosso. You can listen

0:02:57.480 --> 0:03:00.360
<v Speaker 1>to Bloomberg Law weekdays at one pm Wall Street Time

0:03:00.480 --> 0:03:04.160
<v Speaker 1>here on Bloomberg Radio, and that's this Mornings Bloomberg Law Brief.

0:03:04.160 --> 0:03:06.160
<v Speaker 1>You can find more legal news at Bloomberg Law dot

0:03:06.160 --> 0:03:09.000
<v Speaker 1>com and Bloomberg Bena dot com. Attorneys will find exceptional

0:03:09.040 --> 0:03:12.000
<v Speaker 1>legal research and business development tools there as well. Visit

0:03:12.000 --> 0:03:15.760
<v Speaker 1>Bloomberg Law dot com and Bloomberg, Bena dot com for

0:03:15.919 --> 0:03:17.040
<v Speaker 1>more information,