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Judge to hear arguments on tribe’s pipeline contingency plan

By BLAKE NICHOLSON
Associated Press

BISMARCK, N.D. (AP) — A federal judge in Washington, D.C., will accept arguments over the next month on whether the developer of the Dakota Access pipeline must stage equipment near an American Indian reservation in southern North Dakota to respond to any oil that might be spilled where the pipe will run under the Missouri River.

The idea is part of a contingency plan proposed by the Standing Rock Sioux tribe in August in case U.S. District Judge James Boasberg eventually decides to allow the four-state pipeline to continue operating while federal officials do more to study the $3.8 billion project’s possible effects on the tribe.

Boasberg ruled on Oct. 11 that oil could keep flowing from western North Dakota through South Dakota and Iowa to a distribution point in Illinois, as it has been since June 1. President Donald Trump earlier this year pushed through the pipeline’s completion.

On Wednesday, Boasberg conferred with attorneys on both sides of an ongoing tribal lawsuit against the pipeline and set a timeline for arguments on Standing Rock’s proposal. It calls for increased public reporting of needed repairs, and the carrying out of an emergency-spill-response plan at the crossing beneath the Missouri River’s Lake Oahe reservoir.

The tribe gets its water from the reservoir and fears harm from any spill. Standing Rock is the leader of four Sioux tribes hoping to convince Boasberg to shut down the line, which the Texas-based developer Energy Transfer Partners maintains is safe.

Boasberg won’t make a decision until the Army Corps of Engineers, which permitted the project, completes study work that he ordered in June. The additional review isn’t likely to be finished until next spring, according to the Corps.

In his ruling, Boasbergnoted that the Corps and ETP had not yet expressed their positions on the tribe’s “alternative relief” plan and said he would hear arguments on the matter. He now plans to make a decision on the proposal sometime after mid-November.

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