BISMARCK, N.D. (AP) — A federal judge has rejected a request from the operator of the Dakota Access Pipeline to halt an order to shut down the oil pipeline during a lengthy environmental review. U.S. District Judge James Boasberg denied the company’s request Thursday.

That effectively sends the case to a panel of appeals court judges. Boasberg on Monday ordered the pipeline shut down by Aug. 5 for an additional environmental assessment more than three years after it began pumping oil from North Dakota to Patoka, Ill.

Texas-based pipeline operator Energy Transfer estimates it would take three months to empty the pipe of oil and complete steps to preserve it for future use.