The refusal handed down in a 58-page opinion by U.S. District Court Judge James Boasberg ruled that the Standing Rock Sioux tribe “had not presented enough evidence that the pipeline would cause irreparable harm to the tribe that the Court could prevent”. “Having done so, the Court must nonetheless conclude that the Tribe has not demonstrated that an injunction is warranted here”.
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“It’s solidarity with No Dakota Access Pipeline that we’re here for and for our treaties’ rights as indigenous peoples – to keep those sacred treaty rights”, she added. She said the tribe planned to pray. So he denied the request for an injunction.
The Standing Rock Sioux tribe says the statement is a “game changer”, and are acting immediately on legal options, including filing an to appeal the judge’s decision. The corps was not required to consider the effects along the entire pipeline route because the corps has jurisdiction only where the route crosses water, he noted.
Tribal officials challenged the Army Corps of Engineers’ decision to grant permits for Dallas-based Energy Transfer Partners’ $3.8 billion pipeline that is meant to carry oil from North Dakota to IL.
“Suffice it to say that the Tribe largely refused to engage in consultations”, he wrote.
Hundreds gathered in cities as far away as Denver and Tulsa to protest the fast-track approval given to Energy Transfer Partners and their subsidiary Dakota Access, LLC.
“The reality is (Dakota Access) likely will move forward – not that I believe it should move forward – but all the pieces are in place for it to go forward”, Jorde said.
“Taking note of the demonstration, the Obama administration said, “.we fully support the rights of all Americans to assemble and speak freely.
Despite the ruling, the agencies said, “important issues raised by the Standing Rock Sioux Tribe and other tribal nations and their members regarding the Dakota Access pipeline specifically, and pipeline-related decision-making generally, remain”.
Within the camp, the tribal flags planted into the soil side-by-side with American flags flown upside down as a sign of distress, populated the landscape on the outskirts of the Standing Rock Sioux Reservation.
‘We call upon all water protectors to greet any decision with peace and order, ‘ Archambault said.
Tribal preservation officer Tim Mentz cited court documents concluding that researchers found burial rock piles called cairns, as well as other areas deemed historically “significant” to Native Americans. Gov. Jack Dalrymple has activated the North Dakota National Guard, with a handful of soldiers providing security at traffic checkpoints, and another 100 on standby to respond to any incidents. Energy Transfer Partners denied the allegations. The protesters made national headlines last week when video surfaced of private security personnel attacking Native men, women, and children with dogs and mace.
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The company plans to complete the pipeline this year, and said in court papers that stopping the project would cost $1.4 billion the first year, mostly due to lost revenue in hauling crude.
