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Leonard Crow Dog, a spiritual leader of the Sioux Nation, accepts an apology offered by veteran Wesley Clark Jr., during an emotional forgiveness ceremony at the Prairie Knights Casino and Resort on the Standing Rock Sioux Reservation in North Dakota on December 5, 2016. Photo by Indigenous Rising Media [Support the Indigenous Environmental Network]
The Standing Rock Sioux Tribe and the Cheyenne River Sioux Tribe remain united as they return to Washington, D.C., for a hearing in their #NoDAPL lawsuit. The tribes submitted a joint status report on Wednesday that hailed the decision by the U.S. Army Corps of Engineers to deny an easement for the final portion of the Dakota Access Pipeline. Without the easement, the wealthy backers of the project can't drill under the Missouri River at Lake Oahe in North Dakota. But with Dakota Access insisting on a legal right to finish the costly project, the tribes remain vigilant. While they believe the firm's cross-claim against the Army Corps lacks "merit," they are worried that a ruling on that matter could result in "immediate construction work to complete the project under Lake Oahe." "The tribes reserve their rights to make any argument, and seek any relief, to prevent the completion of the project while their original claims are litigated," the status report read. In hopes of finishing the project, Dakota Access filed a cross-claim on November 15 and a motion to expedite on November 15. The firm -- citing losses in the hundreds of millions of dollars due to delays in construction -- asked a federal judge to resolve the matter as early as January. But even though Judge James E. Boasberg never formally agreed to move forward with the cross-claim, Dakota Access went ahead and filed a motion for summary judgment -- essentially a move to secure the easement -- on Monday. In a 35-page memorandum, the firm's well-connected attorneys offered to present arguments on the matter this Friday, during a hearing that had been already scheduled before all of the latest developments. The tribes, however, "object" to the use of the hearing for arguments on the cross-claim, their attorneys wrote in the status report. They are vowing to fight the motion and plan to ask for more time -- a "modest extension" -- to respond to Monday's motion, they said. It's not clear how Boasberg will proceed, given all the new information. In a short order on Monday, he had only said the parties "may" present arguments on the cross-claim issue, indicating that he was interested in hearing more. But since he never agreed to the aggressive scheduled proposed by Dakota Access, which included a request for another hearing on January 3, 2017, he may be willing to wait on the tribes. The Army Corps has already said it opposes any efforts to expedite the cross-claim. Still, Boasberg is likely to have plenty of questions about all of the latest developments. After the Obama administration stepped into the fray on September 9 by announcing that the easement was still being reviewed, he used a previously-scheduled hearing on September 16 to force an apology out of the Department of Justice for its handling of the case. "If we didn't share with you sufficient information to fully inform the court about other issues that played into the context of the overall project, I certainly apologize for that. That was certainly not our intention," James Gette, who serves as section chief within the division at DOJ that handles environmental and Indian law cases, said at the time. It took about 20 minutes of repeated questions from Boasberg for the apology to come out. [Transcript of Proceeding] In denying the easement, the Army Corps said it would prepare an environmental impact statement to examine potential changes in the route of the pipeline at Lake Oahe. The process is likely to take months, meaning it will stretch into the administration of Republican president-elect Donald Trump. With that in mind, the tribes are willing to put the lawsuit on hold until the work is complete, they wrote in their status update. Depending on the outcome of the process, they could end up dismissing the case or amending their separate complaints. "The tribes propose that the parties file quarterly status reports with this court to update it on the progress of the EIS process," the status update read. Any efforts to delay or put the lawsuit on hold are bound to draw fierce opposition from Dakota Access. On the same day authorities in North Dakota engaged in a violent assault on pipeline resisters, the firm asserted a right to drill at Lake Oahe without a written easement. And two days later, as a young woman lay in a hospital after her arm, in the words of her father, was "pretty much blown off," Dakota Access complained of financial woes. According to the firm, unless the pipeline starts moving oil by January 1, its backers will lose $2.7 million per day or $83.3 million per month. A few days after that, a top executive said the 1,172-mile project, which travels through four states, was all but complete except for the portion at Lake Oahe. Vice president Joey Mahmoud said "less than 1 mile" of pipe needed to be laid at a site less than a half-mile from the border of the Standing Rock Sioux Reservation. And in response to the denial of the easement, Energy Transfer Partners and Sunoco Logistics Partners, the backers of the pipeline, insisted that "two federal courts" have sanctioned the Army Corps' handling of the matter. What they left out of their joint statement was that they were warned about the dangers of proceeding without the easement. "If you're not going to get the permit to cross at the critical point, you're going to have to redirect the pipeline, right?" Judge Thomas B. Griffith of the D.C. Circuit Court of Appeals asked during the October 5 hearing in Washington, D.C. "Yes," responded Miguel A. Estrada, a well-connected attorney who was hired by Dakota Access. "So it's a gamble," Griffith said. "You're gambling you're going to win." Friday's hearing takes place at 10:30am in Courtroom 19, on the sixth floor of the federal courthouse in Washington, D.C. It's the same place where prior proceedings occurred. The Standing Rock Sioux Tribe filed the lawsuit in July. The Cheyenne River Sioux Tribe was allowed to intervene as a plaintiff in August. The defendant is the Army Corps of Engineers. Dakota Access was granted permission to intervene as a defendant.
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Mark Anthony Rolo: Tribes remain at mercy of bad federal policies (8/30)
Defenders of the Water School opens at pipeline resistance camp (8/29)
Lakota Country Times: Resisters dispute emergency declaration (8/29)
Dave Archambault: Stopping the desecration of our Mother Earth (8/29)
Mark Trahant: State erects roadblock at peaceful #NoDAPL camp (8/29)
Latoya Lonelodge: Witnessing history at Camp of Sacred Stones (8/29)
Jon Eagle: Land remains sacred to the Standing Rock Sioux Tribe (8/29)
Albert Bender: Tribes join together at Camp of the Sacred Stones (8/29)
Steven Newcomb: Law of Christendom at play in #NoDAPL battle (8/29)
Arvol Looking Horse: Saving our Earth from energy development (8/29)
Tribal Tribune: Unity at Standing Rock Sioux Tribe's #NoDAPL camp (8/26)
Winona LaDuke: Corporate interests come to destroy our mother (8/26)
Sarah Sunshine Manning: #NoDAPL campaign awakens our people (8/26)
Dakota Access Pipeline lacks key approval to build by reservation (8/26)
Lummi Nation sends totem pole to #NoDAPL camp in North Dakota (8/26)
Dave Archambault: Why the Standing Rock Sioux Tribe is fighting (8/25)
Cheyenne River Sioux Tribe chair dispels rumors about camp site (8/25)
Sen. Bernie Sanders joining opposition to Dakota Access Pipeline (8/25)
Native Sun News: Thousands join #NoDAPL resistance movement (8/25)
Standing Rock Sioux Tribe sees strong support at pipeline hearing (8/24)
Kayla DeVault: Navajo Nation must take a stand on Dakota Access (8/24)
Cheyenne River Sioux Tribe seeks prayers ahead of pipeline hearing (8/23)
Lakota Country Times: Oglala Sioux Tribe joins fight against pipeline (8/23)
Brandon Ecoffey: The Horse Nations prepare for battle over pipeline (8/23)
Simon Moya-Smith: Hillary Clinton remains silent amid pipeline feud (8/23)
Steven Newcomb: Standing Rock Sioux Tribe challenges domination (8/23)
Sheriff mistook sacred pipes for pipe bombs at pipeline protest site (8/23)
Tribes prepare for critical hearing in Dakota Access Pipeline lawsuit (8/22)
Mark Trahant: Pipeline fight highlights power of political organizing (8/22)
Lakota Country Times: Tribes unite to stop Dakota Access Pipeline (8/22)
Vi Waln: Our water system is being threatened by energy pipelines (8/22)
Winona LaDuke: Bigger problems ahead for Dakota Access Pipeline (8/22)
Dallas Goldtooth: Tribes shut out of Dakota Access Pipeline process (8/22)
Native Sun News: Resistance grows against Dakota Access Pipeline (08/18)
Harold Frazier: Obama must put a stop to Dakota Access Pipeline (08/15)
Tribes and Native youth join forces in campaign to stop oil pipeline (08/11)
Democrats embrace tribal sovereignty in platform for convention (07/08)
Dakota Access Pipeline to go underneath tribal burial site in Iowa (06/22)
Native Sun News: Standing Rock Sioux Tribe battles oil pipeline (06/08)
Iowa board approves energy pipeline work amid tribal objections (06/07)
Native Sun News: Tribes score big in fights against energy projects (05/26)
Standing Rock Sioux Tribe seeks halt to construction of pipeline (05/12)
Native Sun News: Youth run 500 miles to protest new oil pipeline (05/11)
Native Sun News: Standing Rock Sioux Tribe aims to stop pipeline (04/27)
Standing Rock Sioux Tribe and Army Corps to discuss oil pipeline (04/26)
Native Sun News: Tribes gaining traction in war against pipelines (04/20)
Brandon Ecoffey: Tribes continue battle against energy pipelines (04/19)
Standing Rock Sioux Tribe sets up sacred camp to oppose pipeline (04/15)
Native Sun News: Tribes organize against Dakota Access Pipeline (04/13)
Iowa Tribe joins fight against oil pipeline on aboriginal territory (3/24)
Native Sun News: Standing Rock Sioux Tribe battles pipeline plan (3/14)
Native Sun News: Tribes fight another pipeline through Great Plains (07/07)
Meskwaki Tribe opposes oil pipeline through aboriginal territory (03/17)