[News] Victory for Standing Rock Sioux Tribe - Court Finds That Approval of Dakota Access Pipeline Violated the Law
Anti-Imperialist News
news at freedomarchives.org
Wed Oct 18 16:29:22 EDT 2017
https://www.theindigenousamericans.com/2017/10/17/victory-standing-rock-sioux-tribe-court-finds-approval-dakota-access-pipeline-violated-law-2/
In Victory for Standing Rock Sioux Tribe, Court Finds That Approval of
Dakota Access Pipeline Violated the Law
By theindigenousamericans_6i2sru - October 17, 2017
------------------------------------------------------------------------
The Standing Rock Sioux Tribe won a significant victory today in its
fight to protect the Tribe’s drinking water and ancestral lands from the
Dakota Access pipeline.
A federal judge ruled that the federal permits authorizing the pipeline
to cross the Missouri River just upstream of the Standing Rock
reservation, which were hastily issued by the Trump administration just
days after the inauguration, violated the law in certain critical respects.
In a 91-page decision, Judge James Boasberg wrote, “the Court agrees
that [the Corps] did not adequately consider the impacts of an oil spill
on fishing rights, hunting rights, or environmental justice, or the
degree to which the pipeline’s effects are likely to be highly
controversial.”
The Court did not determine whether pipeline operations should be shut
off and has requested additional briefing on the subject and a status
conference next week.
“This is a major victory for the Tribe and we commend the courts for
upholding the law and doing the right thing,” *said Standing Rock Sioux
Chairman Dave Archambault II in a recent statement.* “The previous
administration painstakingly considered the impacts of this pipeline,
and President Trump hastily dismissed these careful environmental
considerations in favor of political and personal interests.
We applaud the courts for protecting our laws and regulations from undue
political influence and will ask the Court to shut down pipeline
operations immediately.”
The Tribe’s inspiring and courageous fight has attracted international
attention and drawn the support of hundreds of tribes around the nation.
The Tribe is represented by the nonprofit environmental law firm
Earthjustice, which filed a lawsuit challenging the U.S. Army Corps of
Engineers for issuing a permit for the pipeline construction in
violation of several environmental laws.
“This decision marks an important turning point. Until now, the rights
of the Standing Rock Sioux Tribe have been disregarded by the builders
of the Dakota Access Pipeline and the Trump administration—prompting a
well-deserved global outcry,”* said Earthjustice attorney Jan
Hasselman*. “The federal courts have stepped in where our political
systems have failed to protect the rights of Native communities.”
The Court ruled against the Tribe on several other issues, finding that
the reversal allowing the pipeline complied with the law in some respects.
The $3.8 billion pipeline project, also known as Bakken Oil Pipeline,
extends 1,168 miles across North Dakota, South Dakota, Iowa, and
Illinois, crossing through communities, farms, tribal land, sensitive
natural areas and wildlife habitat. The pipeline would carry up to
570,000 barrels a day of crude oil from the Bakken oil fields in North
Dakota to Illinois where it links with another pipeline that will
transport the oil to terminals and refineries along the Gulf of Mexico.
--
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