GAIN Applauds 5th U.S. Circuit Court of Appeals’ ruling to Allow Bayou Bridge Project to Move Forward

Earlier this evening, the 5th U.S. Circuit Court of Appeals granted a request by Bayou Bridge Pipeline, LLC,  for an emergency stay of the District Court’s preliminary injunction which prevented the company from moving forward with construction of the pipeline in the Atchafalaya Basin.  With this decision, construction may resume in the Basin.

The Court’s decision concludes, Bayou Bridge “is likely to succeed on the merits of its claim that the district court abused its discretion in granting a preliminary injunction. Rather than granting a preliminary injunction, the district court should have allowed the case to proceed on the merits and sought additional briefing from the Corps on the limited deficiencies noted in its opinion.”

The Court of Appeals has called for the following expedited proceedings in the case:

  • Appellant’s Brief is due on April 2, 2018
  • Appellees’ Brief is due on April 12, 2018
  • Appellant’s Reply Brief is due on April 19, 2018

Ultimately, Judge Dick’s ruling ran counter to the collective efforts of federal, state, and local regulatory officials, who thoroughly reviewed – and ultimately approved – the Bayou Bridge Pipeline for construction.

The GAIN Coalition has previously noted the many benefits of the Bayou Bridge Pipeline. The project represents a $750 million investment in the state of Louisiana, creating as many as 2,500 construction jobs and ultimately facilitating safe and efficient access to crude oil resources for the Gulf Coast region.

Below is a statement you can attribute to me, Craig Stevens, spokesman for the GAIN Coalition.  Also, you can follow us on Twitter @GAINNowAmerica.

“Today’s ruling by the Court of Appeals is an encouraging step forward for the Bayou Bridge Pipeline and for the communities in Louisiana that stand to benefit from the project. We look forward to a speedy resolution of this matter. It’s important to note that the Court, with this ruling, upheld the rule of law and recognized the importance of regulatory certainty to companies and financiers of large-scale infrastructure and construction projects.  The Bayou Bridge Pipeline has been thoroughly studied, vetted, and ultimately approved by all relevant state and federal agencies.  This process is appropriately stringent and rigorous – and the Court rightly sided with that process today.”

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