ND Expert: Hurdles Facing Trump as He Advances Keystone, Dakota Access Pipelines

Article ID: 668168

Released: 24-Jan-2017 11:05 AM EST

Source Newsroom: University of Notre Dame

Expert Pitch
  • Credit: Matt Cashore/University of Notre Dame

    Bruce Huber, associate professor of law at the University of Notre Dame.

University of Notre Dame Professor of Law Bruce Huber, an expert on environmental, natural resources and energy law, says...

"President Trump has indicated that he intends today to issue orders which will dismantle some of the prior administration's impediments to oil pipeline construction. Although most pipeline siting and permitting takes place at the state level, the federal government has several important points of influence. As to pipelines that cross international boundaries -- such as the infamous Keystone XL pipeline -- a 'presidential permit' is required, which President Obama had denied. If Trump revisits this decision, this hurdle could be removed, although others still remain. Specifically, there are still outstanding issues within the state of Nebraska that would need resolution before Keystone XL could be resolved. As to the Dakota Access pipeline, there is somewhat less room for Trump to maneuver. The Army Corps of Engineers under the Obama administration had denied the pipeline's sponsors an easement and initiated an environmental impact analysis regarding alternative routes. Trump could attempt to reverse the easement decision, but such a reversal would be vulnerable to legal challenges."

Huber is available for further comment at 574-631-2538 (office), 510-229-9263 (cell) or bhuber@nd.edu


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