The Test For Injunctive Relief Was Not Developed By a Risk Assessor
By EsqSocial Corporation 28/05/21
Earlier this Month, Judge James Boasberg, who had previously ruled that the easement allowing construction of the Dakota Access Pipeline must be vacated due to a failure to comply with NEPA, nonetheless declined to issue an injunction requiring that the pipeline cease operations. The Court’s rationale was clear and straightforward. The Court of Appeals ruled that Judge Boasberg could not enjoin use of the pipeline without finding that all elements of the four-factor test for an injunction had...
By: Foley Hoag LLP - Environmental Law