Democratic and Republican AG Groups Weigh In on Pipeline Cases

  • A group of 17 Democratic AGs, led by Massachusetts AG Maura Healey and joined by the Territory of Guam and Harris County, Texas filed an amicus brief in the U.S. Court of Appeals for the District of Columbia Circuit in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, Nos. 20-5197 & 20-5201, urging the court to affirm the District Court’s ruling in favor of the plaintiff Native American tribes. The lower court held that the defendant U.S. Army Corps of Engineers (“Corps”) failed to fully assess the environmental impact of a potential oil spill in construction of the Dakota Access Pipeline, in violation of the National Environmental Policy Act.
  • A group of 17 Republican AGs, led by Texas AG Ken Paxton and West Virginia AG Patrick Morrisey, filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in Northern Plains Resource Council v. U.S. Army Corps of Engineers, No. 20-35412, urges the court to overturn the District Court’s order enjoining the Corps from authorizing any new oil and gas pipeline projects nationwide. The AGs argue that the lower court erred in transforming a challenge to a single project—the Keystone XL pipeline—into an overly broad injunction with serious consequences for the amici States and the nation’s economy.