The Obama Administration has stepped in to halt construction on the Dakota Access Pipeline, a short while after a federal judge ruled to keep it going.
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Since April, the Standing Rock Sioux Native American tribe has been protesting the construction of an oil pipeline in near their North Dakota reservation, claiming that it would violate several federal laws, compromise their water supply, and disturb ancient sites.
“This case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects”, the government statement said.
A joint statement from the Army and the Departments of Justice and the Interior said construction bordering or under Lake Oahe would not go forward and asked the Texas-based pipeline builder, Energy Transfer Partners, to stop work 20 miles to the east and west of the lake while the government reconsiders “any of its previous decisions”. The Army will move expeditiously to make this determination, as everyone involved – including the pipeline company and its workers – deserves a clear and timely resolution.
The ruling on a Native American tribe’s request for a temporary restraining order on construction comes one day after Gov. Jack Dalrymple activated the state National Guard “in the event they are needed to support law enforcement response efforts”, according to a National Guard spokesman.
A federal judge’s decision Friday could fuel heightened tensions in the battle over the Dakota Access Pipeline. Both those for and against the Dakota Access pipeline project are weighing in on the administration of President Obama stepping in to halt a portion of the project in North Dakota.
Months have passed since the Standing Rock Sioux tribe in North Dakota began protesting the construction of the Dakota Access Pipeline in an attempt to stop the major project from running through their lands.
After Boasberg’s ruling, tribal leaders reportedly filed a notice of appeal on Friday.
He ordered the parties to appear for a status conference on September 16.
Archambault has said the tribe intends to continue looking for legal options to fight the pipeline.
“Regardless of the court’s decision today, we have already won”, said Tribal Chairman David Archambault II said Friday. “It is now clear and obvious the fight needs to be moved from Morton County to a courtroom in Washington, D.C”. “We must continue to have faith and believe in the strength of our prayers and not do anything in violence”.
The line would be the first to allow movement of crude oil from the Bakken shale, a vast oil formation in North Dakota, Montana and parts of Canada, to refineries on the U.S. Gulf Coast.
Beyond the tribes and police, the pipeline dispute includes the project developer, Dakota Access, as well as the Army Corps of Engineers, which was ultimately responsible for consulting with the tribes over the pipeline’s proposed path. Opponents say the project will damage burial sites considered sacred to the tribe and pollute the area’s drinking water.
The Corps argued in court records that it “followed a robust tribal consultation process” and said Standing Rock withdrew from a scheduled site visit of the proposed Lake Oahe crossing, a dammed section of the Missouri River.
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On Thursday, North Dakotas archaeologist said that piece of private land was not previously surveyed by the state would be surveyed next week and that if artifacts are found, pipeline work still could cease.
