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Judge won't rush ruling on Dakota Access Pipeline easement amid big changes

Friday, December 9, 2016

Oceti Sakowin, the largest #NoDAPL encampment in North Dakota, is not accepting new arrivals due to extreme weather conditions. Supporters are being asked to stay home. Photo from Facebook

A federal judge has agreed to move forward with a decision on the easement for the Dakota Access Pipeline but on a slower schedule than the wealthy backers of the project wanted.

Before a packed courtroom in Washington, D.C., Judge James E. Boasberg said he plans to convene hearing on the matter in early February 2017. That's a month later than Dakota Access was seeking, essentially delaying the costly and controversial project even further.

"We'll move forward the best we can," Boasberg said on Friday as he acknowledged a "full house" that included a large number of supporters of the Standing Rock Sioux Tribe, whose fight against the pipeline has drawn worldwide attention.

But in ordering the Obama administration to submit a key brief by January 6, Boasberg noted that change is afoot. Republican president-elect Donald Trump will be sworn into office on January 20 and he has expressed support for the pipeline.

"None of us have any idea whether the incoming administration will make any or all of this moot," Boasberg said. He added: "It's not my business to guess."

The brief that is due in less than a month will be a response to the cross-claim that Dakota Access has filed against the U.S. Army Corps of Engineers. According to the firm, the agency has already issued the easement for the final portion of the pipeline in North Dakota.

"Our argument is the decision has already been made on July 25," attorney David Debold told the court, referring to the date when the Army Corps issued a finding of no significant impact regarding the crossing at Lake Oahe along the Missouri River.

The Standing Rock Sioux Tribe and the Cheyenne River Sioux Tribe, which has intervened as a plaintiff in the case, will also be able to submit a response by January 6. The tribes have already described the cross-claim by Dakota Access as one without "merit."

"These are complex issues," Boasberg said. "I want to give everyone a chance to be heard."

UPDATE: IF YOU'RE ON YOUR WAY WITH FIREWOOD, PLEASE COORDINATE WITH US VIA EMAIL (OCETISAKOWINCAMP@GMAIL.COM), AND...
Posted by Oceti Sakowin Camp on Thursday, December 8, 2016

Oceti Sakowin on Facebook: 'DO NOT TRAVEL HERE AT THIS TIME'

The hearing came amid change in North Dakota as well. The organizers of Oceti Sakowin (Seven Council Fires), the largest #NoDAPL, said they are not accepting any new arrivals due to extreme weather conditions.

"We truly appreciate your support and willingness to be on the ground as a show of solidarity, but we are closing camp doors to new arrivals for safety reasons," Oceti Sakowin, which is located on public land managed by the Army Corps, said in a statement on Thursday. "Please continue to support through prayer and actions that you can take at home."

Those who were already planning to bring firewood to the camp are being urged to contact organizers directly via email since another winter storm is approaching.

And in another sign of solidarity, the activists who have been leading the prayer and resistance effort joined the Standing Rock Sioux Tribe in asking people to go home for the holidays. With decisions on the pipeline -- both in court and as the result of a new environmental review -- still months away, supporters are being asked to wait for better weather to return.

"We ask anyone that is considering traveling to join the encampments at Standing Rock to stay home for now and instead take bold action in your local communities to force investors to divest from the project," the Sacred Stone Camp, the Indigenous Environmental Network, the International Indigenous Youth Council and Honor the Earth said in a joint statement.

The Sacred Stone Camp, which is located on private land belonging to LaDonna Brave Bull Allard, will remain throughout the winter. While no new arrivals are being accepted there without approval, she has vowed to keep fighting no matter what.

"I have not changed my mind. We stand until the black snake is dead,” said Brave Bull Allard, a member of the Standing Rock Sioux Tribe who established the camp on April 1.

The #NoDAPL camps are located near the portion of the Dakota Access Pipeline that is in limbo as a result of the historic decision by the Army Corps to deny the easement at Lake Oahe. The area is of great historical and legal significance, having been the site of tribal treaty gatherings in the late 1800s. It's also a spiritual place where sacred sites, burial grounds and unique stone formations are located.

Since most of the pipeline crosses land that is now held by non-Indians, Dakota Access was able to build most of it without much opposition. But in prior stages of the case, after the Standing Rock Sioux Tribe filed the lawsuit in late July, attorneys for the firm repeatedly acknowledged that the easement at Lake Oahe was still in the air.

Once it became clear that the Obama administration was taking a much more critical look at the matter -- even President Barack Obama hinted of delays and a potential change in route -- Dakota Access altered course. The firm filed a motion for summary judgement on Monday in a bid to complete the pipeline, which was supposed to start transporting oil on January 1.

The delays are "costing us close to nearly $20 million a week" attorney Debold said in court on Friday. The pipeline so far has cost $3.8 billion, according to its backers, although recent finance efforts indicate the total costs are much higher.

The Army Corps has yet to initiate the environmental impact statement that was ordered by the Department of the Army on December 4. The process will consider whether the pipeline needs to be rerouted away from Lake Oahe.