But the federal government can’t stop Energy Transfer from proceeding to construct the Dakota Access pipeline on private land, which is why it asked DAPL to voluntarily halt construction there.
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First, a federal judge rejected the Standing Rock Sioux Tribe’s efforts to stop construction of the crude oil pipeline that would run from North Dakota to IL, saying the tribe failed to show “it will suffer injury that would be prevented by any injunction the court could issue”. The Obama administration said it would not authorize construction on land at Lake Oahe, a focal point of protests.
That decision likely influenced the Army’s announcement, which saw the writing on the wall. The Standing Rock Sioux Tribe wants a permanent halt.
The Native Americans argued that the 1,172-mile pipeline project violates federal laws and would threaten drinking water and disturb sacred sites.
A manufacturer’s group says the Obama administration is putting politics above jobs by postponing construction of the Dakota Access pipeline on U.S. Army Corps of Engineers’ land bordering or under Lake Oahe in North Dakota.
The three departments released an official statement mentioning the case highlights the need to consider “nationwide reform with respect to considering tribes’ views on these types of infrastructure projects”. “It does not stop the entire pipeline, but at least we are protecting the river for the time being and so that’s something to celebrate”, said Goldtooth.
Environmental and local activists believe that the transporting of up to 570,000 barrels of crude oil a day will imperil local waterways.
The Standing Rock Sioux Tribe is appealing a federal judge’s ruling on the Dakota Access Pipeline and is seeking an injunction to protect sacred sites while the appeal is pending.
Bernie Sanders, I-Vt., put Dakota Access on the same footing as Keystone XL oil pipeline, which the White House denied in part on environmental grounds.
Archambault has said the tribe intends to continue looking for legal options to fight the pipeline. Announced in 2014, supporters said the pipeline would create more markets and reduce truck and oil train traffic – the latter of which has been a growing concern after a spate of fiery derailments of trains carrying North Dakota crude.
Dakota Access says no sacred sites were destroyed and claims that six of the sites identified by the tribe were directly over the existing Northern Border natural gas pipeline and “could not possibly be original artifacts”. “Having done so, the Court must nonetheless conclude that the Tribe has not demonstrated that an injunction is warranted here”.
The Corps of Engineers has declined to comment, citing the pending litigation.
The tribe haggled with the oil pipeline developers over whether the National Historic Preservation Act, which allows the government to preserve historical and archaeological sites, can be used to prevent the building of the $3.8 million pipeline.
Martinez was doubtful, though, that Dakota Access would stop bulldozing contested private land.
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The pipeline has also come under fire in Iowa where landowners who objected to its use of eminent domain asked the Iowa Utilities Board to halt the project, but were denied.
