The US government’s move effectively blocks the firm behind Dakota Access Pipeline from construction around a lake and its surrounding areas, until further consultation with Native American tribes.
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The Standing Rock Sioux tribe says the pipeline construction could desecrate sacred lands, including grave sites and culturally important stone features.
Furthermore, 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.
Almost 40 people have been arrested since the protest began in April, including tribal chairman Dave Archambault II, though none stemmed from Saturday’s confrontation between protesters and construction workers. Earlier today, a federal judge ruled against the tribe, saying that the US Army Corps probably did not violate the law when they approved the project without consulting the tribe.
The government is also asking the pipeline company to voluntarily pause all construction within 20 miles of the lake pending a thorough review of the permits, which they pledged would be conducted “expeditiously”.
“A public policy win is a lot stronger than a judicial win”, said Tribal Chairman Dave Archambault II, speaking to the crowd.
While these decisions were being handed down, locally around 200 people gathered along the side of Highway 101 in Klamath to stand in solidarity with the Standing Rock Sioux.
According to Mother Jones, members from over Native American 100 tribes have been camping together near the disputed build sites, which, the Standing Rock tribe says, are sacred tribal burial grounds. He found that the U.S. Army Corps of Engineers had likely complied with federal law in approving permits for the project, which will move crude oil from North Dakota to IL.
This pause is only a temporary respite, and Judge Boesberg believes that the “tribe has not demonstrated that the injunction is warranted here”.
The pipeline’s developer, Energy Transfer Partners, has predicted the project would help the United States become less dependent on importing oil from unstable regions of the world.
But in a development that stunned even the tribe’s lawyers, the decision by District Judge James Boasberg was put on hold by a federal order to stop construction near the tribe’s reservation until the Army Corps of Engineers can revisit its previous decisions in the disputed portion.
Just moments after the ruling, the Justice Department issued a statement halting construction on the pipeline on “land bordering or under Lake Oahe”.
Protests over the construction of the pipeline have been ongoing, as recounted by the New York Times and the Bismarck Tribune.
North Dakota Petroleum Council President Ron Ness said in a statement Friday the industry group is pleased with the judge’s ruling but disappointed with the federal agencies’ decision to postpone construction.
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The tribe says it will continue to pursue legal action against the pipeline. The company declined comment Friday. We need to permanently protect our sacred sites and our water. Almost 40 have been arrested as the protest has grown size, including Standing Rock Sioux Tribal Chairman David Archambault II. However, those once peaceful standoffs have turned ugly, with protesters claiming to have been subjected to excessive force, including police use of pepper spray and attack dogs.
