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.
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The tribe had challenged the Army Corps of Engineers’ decision to grant permits at more than 200 water crossings for the pipeline, which it contends will harm water supplies and has disturbed sacred sites.
Archambault told CNN affiliate KFYR the tribe will appeal the judge’s ruling.
Federal Court Judge James Boasberg said the Tribe failed to make the case for an injunction to stop construction of the 1,886 kilometre pipeline, which would pump about 500,000 barrels per day of fracked oil from the Bakken fields in North Dakota to IL where it would connect with existing infrastructure. It ordered the parties to appear for a status conference on September 16.
The tribe filed an emergency motion Sunday asking the court “to prevent further destruction of the tribe’s sacred sites”.
The federal government has temporarily halted construction of a controversial North Dakota pipeline that would run near Native American land.
But he concluded that the tribe “has not demonstrated that an injunction is warranted here”. The tribe sought a preliminary injunction in August, but that was too late because much of the work had already been done, the judge said.
Tribal historian LaDonna Brave Bull Allard said the ruling gave her “a great amount of grief”. “We’re going to stand in love and peace and prayer”.
This surprise announcement came mere moments after a federal court ruled that construction of the massive North Dakota oil pipeline could continue.
But now three Federal Agencies, including the Department of Justice, the Army and the Interior Department say construction will pause on the pipeline.
“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”, it said, adding it would invite tribal leaders to talks on the issue. 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.
Dakota Access says on its website that it expects the pipeline to transport about 470,000 barrels of crude oil every day from production areas in North Dakota’s Bakken and Three Forks production areas through South Dakota, Iowa and into IL, while also creating thousands of construction jobs and generating millions in tax revenue for those four states.
More than 1,000 protesters had gathered at the site on private land near the sprawling Standing Rock Reservation. ETP – the largest American pipeline company by volume of goods transported.
The fight is being waged over the 1,172-mile Dakota Access pipeline that runs through North and South Dakota, Iowa and IL.
About 100 North Dakota National Guard troops were activated by the state governor ahead of the judge’s ruling.
The US Department of Justice has not weighed in at this point. Standing Rock Tribal Chairman Dave Archambault called it a “win for all Indians” during a press conference, and the tribe put out a press statement calling it a “game changer”.
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“This is sacred land”, Allard said.
