Latest in the yearslong fight over the fate of the Dakota Access pipeline — DC Circuit today agreed with the district judge that the easement granted under Trump was unlawful, but won't order the pipeline shut down while an enviro. impact study is done cadc.uscourts.gov/internet/opini…
The district judge ordered the pipeline emptied/shut down pending an enviro. impact statement, and the DC Circuit prev. paused that when the case came up on appeal last year. Today, the panel held the judge didn't go through all the steps needed to issue that kind of injunction
The decision leaves open the possibility of shutting down the pipeline in the future, but it won't happen now. Either/both sides could now petition the en banc DC Circuit to reconsider today's ruling, and this could be on track for a SCOTUS petition
tldr: The Dakota Access pipeline remains operational. But a court ruled the Army Corps under Trump violated federal law when it granted the company an easement to build through federal land without doing an evironmental impact study first, given oppo from Native American tribes

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More from @ZoeTillman

26 Jan
DC's Acting US Attorney Michael Sherwin and Steven D’Antuono, FBI ass't director in charge of the Washington Field Office, are doing a briefing now on the status of the Jan. 6 Capitol insurrection investigation. D'Antuono says public has sent in 200K digital media tips so far
They've arrested ~135 people and identified 400+ suspects. They're still looking for the person/people responsible for planting pipe bombs at the DNC/RNC buildings; there's a $75K reward
Sherwin says they've made good on the pledge to bump up charges from the initial misdemeanors many people were charged with at the start to more serious felony crimes
Read 7 tweets
25 Jan
A detention hearing is starting soon in federal court in Detroit for Michael Foy, charged with using a hockey stick to attack police officers during the Capitol insurrection. Govt is seeking to keep him in custody: assets.documentcloud.org/documents/2046…
Still waiting for Foy's case to be called in Detroit. Follow @o_ema for today's initial appearances in DC federal court for people charged in the Capitol insurrection -->
Michael Foy, charged with attacking police with a hockey stick at the Capitol on Jan. 6, is having his detention hearing now in Detroit fed court — govt is seeking detention until his first court appearance in DC, describing him as "one of the most violent of the Capitol rioters"
Read 8 tweets
23 Jan
Less than a day after Biden took office and began rolling back Trump's policies, judges began issuing orders asking DOJ to explain what happens now in the many, many pending lawsuits left over from the last administration buzzfeednews.com/article/zoetil…
Every presidential transition involves decisions about how to unwind policies the new admin doesn’t support, but the Trump era was unusual in just how much of what he did — not to mention his personal legal messes — are still in court
buzzfeednews.com/article/zoetil…
It won’t be as simple as DOJ lawyers throwing up their hands and saying they just got it wrong under Trump. Biden et al. may disagree with a lot of Trump's policies, but DOJ will be wary of conceding Trump et al. lacked the authority to do what they did buzzfeednews.com/article/zoetil…
Read 5 tweets
20 Jan
Today in newly released charging docs in the Jan. 6 insurrection: Proud Boys organizer Joseph Biggs. Prosecutors quote from one video recorded inside the Capitol:
"Hey Biggs, what do you gotta say?"
"This is awesome!"
justice.gov/opa/page/file/…
Michigan man charged allegedly posted video inside the Capitol Visitor’s Center — "we kept it chill" — and re: being tear gassed messaged someone, "wtf I love masks now!" justice.gov/file/1357311/d…
Docs for CT man charged with assaulting an MPD officer at the Capitol: justice.gov/opa/press-rele…

"Officer Hodges was pinned between the clear police riot shield being held by MCCAUGHEY and the lower west terrace door. Officer Hodges appeared to be loudly crying out in pain."
Read 5 tweets
19 Jan
A hearing is getting underway in DC federal court before Magistrate Judge G. Michael Harvey in a batch of Capitol insurrection cases — defendants are making their initial appearances in DC federal court. Stay tuned for updates
First up was Kevin Lyons, from Chicago area — he'd been released with conditions after arrest in that district, govt didn't seek detention so he'll stay free pending trial with the same general conditions as before, incl. that he can't go to DC except for court
In second case, Josiah Colt, who was granted release in Idaho post-arrest, federal public defender Michelle Peterson explains they're working with the US atty's office to come up with general release conditions for ppl charged with misdemeanors (big one being stay away from DC)
Read 15 tweets
15 Jan
A detention hearing is about to start in federal court in Arkansas in the case of Richard Barnett, the man photographed sitting in Nancy Pelosi's office (see: buzzfeednews.com/article/salvad…). He's been in custody since his arrest
Prosecutors alleged Barnett was carrying a stun gun. He's charged with entering a restricted area w/ a weapon, violent entry/disorderly conduct, and theft. There isn't anything on the docket indicating what the govt/Barnett will be seeking as far as detention v. release
We're still waiting for the Richard Barnett detention hearing to start in Arkansas. Meanwhile, follow @o_ema for updates on initial appearances in DC federal court today for a few of the Capitol insurrection arrestees -->
Read 37 tweets

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