But by Friday, Boasberg ruled the Standing Rock Sioux tribe had not presented enough evidence that the Dakota Access Pipeline would cause irreparable harm to the tribe that the Court could prevent, and thus denied the tribe’s request to halt construction on the pipeline.
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The Standing Rock Sioux, whose tribal lands are a half-mile south of the proposed route, say the pipeline would desecrate sacred burial and prayer sites, and could leak oil into the Missouri and Cannon Ball rivers, on which the tribe relies for water. The tribe has already appealed the injunction denial to the U.S. Court of Appeals for the District of Columbia Circuit.
The statement from the federal departments also said the case “highlighted the need for a serious discussion” about nationwide reforms “with respect to considering tribes’ views on these types of infrastructure projects”.
Morton County Commission Chairman Cody Schulz said in a statement Friday he hopes the efforts of pipeline protesters shift to looking for a judicial or legislative solution.
“We’re entering a very unsafe phase where it is becoming impossible to build anything”, said attorney Brigham McCown, head of the Alliance for Innovation and Infrastructure, in an interview. The Dakota Access Pipeline would taint sacred land and put the tribe’s water supply and health at risk.
According to the New York Times, the government decision came from the Justice and Interior Departments and the Army which urged the pipeline company to pause construction.
On Sept. 3, private security guards working for the Dakota Access pipeline company sprayed mace directly into people’s faces and released dogs without warning on the actively demonstrating, unarmed land and water protectors.
The administration said construction would halt until it can do more environmental assessments, Kallanish Energy reports.
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.
The Standing Rock Sioux Tribe is attempting to stop construction of a section of the $3.8 billion U.S. four-state pipeline that tribal leaders say would violate sacred and culturally sensitive grounds and possibly pollute water.
The two companies formed a joint venture called Bakken Holdings that owned a 75% stake in Dakota Access LLC and Energy Transfer Crude Oil Co. “That’s why on Tuesday, September 13, people around the country are taking part in a day of action in solidarity with Standing Rock calling on President Obama to instruct the Army Corps of Engineers to revoke the permits for this dirty oil pipeline”.
For some, this looks like a new precedent has been set for relations between the federal government and native tribes.
The three federal agencies said in a joint statement they appreciate the court’s opinion, but the tribe’s lawsuit raised larger issues related to infrastructure decision-making that need to be addressed.
“This protest that has come up, I think it is unfortunate”.
But like many others celebrating the government’s announcement, Moose said the victory was not clear-cut because of the judge’s decision.
Some 200 Native American tribes have united against the 3.2 billion euro project, while proponents claim the construction is the safest way to transport oil.
“Our government stood up for the people”, she said in a statement.
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The Obama administration’s action Friday likely changed that, he said.
