Sierra Club Pipeline Case Summary

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SIERRA CLUB V. CLINTON 689 F. Supp.2d 1147 (D. Minn. 2010) Issue: The issue at hand is that Enbridge proposed to construct two additional pipelines, the Alberta Clipper (AC) and the Southern Lights Diluent (SLD) pipelines. Sierra Club, an environmental group, has taken civil action against the state department, a variety of other governmental departments, and Enbridge Energy because these two pipelines were approved without proper review in their final environmental impact statements. The defendants motioned for summary judgement. Rule: National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321 establishes that it is necessary to take actions to review and protect the environment mitigating any potential damages. Administrative Procedure Act ("APA"), …show more content…

§ 706 sets forth the procedures of agency when making decisions. Analysis: The two rules listed above outline a variety of things that should be included within a final environmental impact statement. Notably in this case, the items that were poorly addressed were the stated need, possible alternatives, consideration of the impacts of the pipeline. These are all things that it is outlined that within an environmental impact statement. The Sierra Club believed that the governmental agencies, and Enbridge did not properly evaluate these categories in the EIS. Sierra Club felt that the need for the pipeline was not sufficiently outlined. However, if the pipeline was not built, then it would be expected that Enbridge would find a means of obtaining the crude oil through other means, such as oil tanker from less reliable sources. Sierra Club also didn’t believe that the option of alternatives was not fully explored. It was

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