Bobbi Jean Three Legs, a member of the Standing Rock Sioux Tribe, addresses a #NoDAPL rally outside of the federal courthouse in Washington, D.C., on August 24, 2016. Photo by Indianz.Com
Retired professor Peter d'Errico looks at the legal filings submitted by the Standing Rock Sioux Tribe and the Cheyenne River Sioux Tribe as they attempt to stop the Dakota Access Pipeline in federal court:
The Standing Rock lawsuit presents an opportunity to critique how Indian Nations represent themselves in legal battles. In this case, the picture looks depressingly familiar. Standing Rock was nowhere near as strong in litigation in the U.S. legal arena as they and the other protectors were on the ground. The Motion for a Preliminary Injunction—which the federal court denied— focused almost solely on a U.S. statute about historic preservation. The motion barely mentioned Treaty rights and did not challenge the notion that the U.S. Congress can override treaties. International law—especially the United Nations Declaration on the Rights of Indigenous Peoples—was not mentioned at all. The Complaint was somewhat broader than the motion. Though it mentioned the Treaty (only four times) it did not mount a vigorous defense of Treaty rights; and it presented the threat to water in terms of U.S. statutes rather than Indigenous Peoples' rights. Some might say the fault lies with Standing Rock's choice of legal counsel: Earthjustice, an environmental law organization based in Seattle. But the Earthjustice motion and complaint actually follow a familiar pattern we see in Indian cases, where lawyers for Indians not only fail to defend Native Nations against American claims of "overriding sovereignty," but actually embrace the "domestic dependent" status and "plenary power of Congress" doctrines decreed by federal Indian law.Read More:
Peter d'Errico: Memo to Briefcase Warriors: Be Bold! (Indian Country Today 9/19) DC Circuit Court of Appeals #NoDAPL Injunction:
Order: Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers (September 16, 2016)
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