The company, a subsidiary of Texas-based Energy Transfer, filed the request earlier this week with the U.S. District Court for the District of Columbia.
It asked Boasberg to rule on the stay request by July 14 so that it could appeal to the U.S. Circuit Court for the District of Columbia if the company’s request is rejected, Reuters reported
Late last Monday, the company had asked Boasberg for an expedited emergency order to delay the shutdown. That request was denied by the judge on Tuesday.
Boasberg has ordered the Dakota Access pipeline to be shut down by Aug. 5 to allow the U.S. Army Corps of Engineers to conduct an in-depth environmental review.
The pipeline has been operating since June 2017.
Such a review could take more than a year to complete, the Corps of Engineers has said.
Energy Transfer in a statement called the order “an ill-thought-out decision by the court that should be quickly remedied.” It argued that the ruling is not supported by law or facts and that the judge exceeded his authority.
Shutting the pipeline would have major impacts and Energy Transfer said it will aggressively fight that order. It has said it is not ready to comply with the order as legal steps are taken.
That led the company on Wednesday to issue what it called a clarifying statement.
“To be clear, we have never suggested that we would defy a court order,” the company said. “Rather DAPL is seeking appropriate relief from that order through the established legal process.”
In the decision, Boasberg vacated an easement granted by the Corps of Engineers that allowed Dakota Access to build a segment of the pipeline beneath Lake Oahe in North Dakota and South Dakota.
He had previously ruled that the Corps of Engineers violated the National Environmental Policy Act when it granted the easement because it had failed to produce an Environmental Impact Statement.
Last March, Boasberg said that the Corps of Engineers made what he called a “highly controversial” decision when it approved federal permits for the pipeline.
He ordered the agency to prepare a full Environmental Impact Statement, saying it had failed to answer major questions including the possibility of oil spills in its previous review.
The project was controversial and triggered major protests by Native Americans and supporters in North Dakota in late 2016 and early 2017. There were 760 arrests.
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