WASHINGTON, D.C. (KXNET) — A U.S. District judge Friday dismissed a lawsuit by the Standing Rock Sioux Tribe to shut down the Dakota Access pipeline while an environmental review is in progress. North Dakota had filed a motion to dismiss the suit. In his ruling, Judge James Boasberg wrote, " Although the Corps has not yet finished the EIS [Environmental Impact Statement] required by the previous Order or issued a fresh easement, the Tribe is already knocking on the courthouse doors. Alleging violations of a host of federal statutes, it now seeks to use the Administrative Procedure Act to either halt the operation of the pipeline or force the Corps to require Dakota Access to obtain an easement to operate. Dakota Access and a coalition of states led by North Dakota have intervened as Defendants, and they along with the Corps have filed Motions to Dismiss this latest Complaint. Although the precise nature of the relief Plaintiff seeks remains unclear, the Court can discern enough to grant those Motions and dismiss this prematurely filed suit." Four years earlier, a similar suit was filed, resulting in an order for the Army Corps of Engineers to do a new Environmental Impact Study on its easement allowing the pipeline to cross federal land, the outcome of which could lead the Corps to either issue a new permit or shut down the pipeline. The Corps, in the meantime, has let the pipeline continue to operate while it conducts the review. In the earlier lawsuit, it was ruled that the Tribe could not show that it would suffer irreparable harm if the pipeline were allowed to operate during the review. The Dakota Access Pipeline transports more than half a million gallons of crude oil daily from North Dakota to Illinois. The pipeline's route crosses federally regulated land andwaters, specifically, in one place at Lake Oahe, an artificial reservoir on the Missouri River that spans North and South Dakota and borders several American Indian reservations, including the Standing Rock Sioux Tribe. In court filings, Standing Rock has argued the reservoir “holds special significance” for these tribes, who rely on it for "drinking, agriculture, industry, and sacred religious and medicinal practices," according to court documents. The current lawsuit, filed in October, sought to have the pipeline shut down during the review process, among other challenges. However, the judge noted the filing comes too soon while the review is in process. "No matter its frustration with Defendant's sluggish pace, it is not yet entitled to a second bite at the apple," the judge ruled. U.S. Senator Kevin Cramer (R-ND) commented following the ruling: “Even Judge Boasberg could barely make sense of the latest spaghetti against the wall lawsuit seeking a shutdown of a vital part of our nation’s energy backbone. Today’s dismissal is a win for rationality and sanity. Thank you to the state of North Dakota and Energy Transfer, who have fought for years to put an end to this legal nonsense.” U.S. Senator John Hoeven (R-ND) also commented on the ruling: “The Dakota Access Pipeline is vital infrastructure for our state and nation, supporting North Dakota’s role as an energy powerhouse and strengthening U.S. energy security. Considering DAPL has been operating for years without incident and the layers of environmental review that this pipeline has already gone through, this decision is clearly overdue but the right call. We will continue our efforts to advance the Army Corps’ final EIS to provide certainty both for this important project and our state’s energy industry.” North Dakota Governor Kelly Armstrong had this reaction following the dismissal of the lawsuit: “The Dakota Access Pipeline has been operating safely for almost eight years now and is a critical piece of infrastructure for North Dakota and our nation’s energy security. We are pleased with the court’s decision, and we will continue pressing the Army Corps of Engineers to issue a final EIS that puts an end to this drawn-out matter once and for all.” Close Thanks for signing up! Watch for us in your inbox. Subscribe Now Today's Top Stories SIGN UP NOW ...read more read less