Amicus Brief in Support of Plaintiffs

NEPA Lab editor Jamison Colburn helps author amicus brief calling on district court in DAPL case to vacate the Corps of Engineers' permitting at the Lake Oahe crossing.

It was a pleasure and honor to file this brief urging the district court in the Dakota Access case to vacate the U.S. Army Corps of Engineers’ permissions to Dakota Access LLC to cross the Missouri River at Lake Oahe.  Back in June, the district court held that the Corps had committed several basic NEPA errors in the environmental assessment/finding of no significant impact in the matter. As Earthjustice lawyer Jan Hasselman wrote at the time, the merits questions tied directly to the remedy that should follow. But the court asked for further briefing on that question. Hence this “friend of the court” brief by interested professors and practitioners filed earlier this month. dapl brief filed

A special thanks to Professor William Snape at American University’s Washington College of Law for undertaking the filing duties!

I teach environmental, natural resources, and administrative law at Penn State Law. Before teaching I was an enforcement lawyer at U.S. EPA. Along the way I've done work for environmental nonprofits and written a fair bit about NEPA.
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