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Hearing on injunction against Dakota Access Pipeline moved to February 28

Friday, February 17, 2017

Cleanup efforts continue at Oceti Sakowin, which hosted thousands of people in North Dakota as part of the ongoing #NoDAPL movement. Photo: Corona Communications

A hearing that could stop the Dakota Access Pipeline pending additional review has been pushed back a day.

Judge James E. Boasberg will hear arguments at 11am on February 28 in his courtroom in Washington, D.C. At issue is a request by the Cheyenne River Sioux Tribe to put a stop to construction activities on the controversial pipeline.

The wealthy backers of the project resumed work last week after the Trump administration approved the final portion of the pipeline in North Dakota. The easement enables the firm to drill under the Missouri River and connect existing infrastructure on both sides of Lake Oahe.

Construction is moving at a much quicker pace than expected and oil could be placed in the pipeline within 30 days, or possibly sooner. Despite the rush, Boasberg denied the tribe's motion for a temporary restraining order at a hearing on Monday and instead scheduled the preliminary injunction hearing.

The tribe argues that the mere presence of the pipeline in the river renders the water unsuitable for use in ceremonies and other religious activities. To the Cheyenne River people, the project fulfills a Lakota prophecy of a Black Snake that will destroy their very being.

“This is one battle in a long fight that involves the Great Sioux Nation and we are working together with the Great Sioux Nation to win," said Chairman Harold Frazier, who was at the February 13 hearing along with other council members, said. "We must continue to fight for the future of our children and grand-children. This is involving each and everyone one of us, the wolves are near and we must unite to defend what is right.”

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The Standing Rock Sioux Tribe supports the injunction and has filed a motion to set aside the easement that was granted while Chairman Dave Archambault II was on his way to Washington for a long-sought meeting at the White House. When his plane landed, the U.S. Army Corps of Engineers called him and told him the pipeline had already been approved.

"I felt kind of slighted," Archambault told his fellow tribal leaders on Wednesday during the winter session of the National Congress of American Indians. "They decided on Tuesday, the day I flew out."

"It's hard for me to forgive but I know that's what I have to do in order to move forward," Archambault continued. "It's hard for me to trust this new administration, the White House, but I know it's what I have to do to move forward."

Both tribes had cheered when the Obama administration, two days before President Donald Trump took office, ordered a new review of the pipeline crossing at Lake Oahe. The environmental impact statement, or EIS, was to include a consideration of treaty rights, sacred sites, water resources and other concerns.

But after just four days on the job, Trump ordered his administration to consider the pipeline on an "expedited" basis. That resulted in the easement being granted to Dakota Access.

The new president also opened the door for the termination of the EIS. That's exactly what happened last week and an official notice of the decision appears in the February 17 issue of the Federal Register.

Federal Register Notice:
Notice of Termination of the Intent To Prepare an Environmental Impact Statement in Connection With Dakota Access, LLC's Request for an Easement To Cross Lake Oahe, North Dakota (February 17, 2017)

Original Federal Register Notice:
Notice of Intent To Prepare an Environmental Impact Statement in Connection With Dakota Access, LLC's Request for an Easement To Cross Lake Oahe, North Dakota (January 18, 2017)

Dakota Access Pipeline Approval Documents:
Department of Justice Notice | Department of the Army Approval Memorandum | Notice of Termination of EIS for Dakota Access Pipeline | Easement Letter to Congressional Leadership

White House Documents:
Presidential Memorandum Regarding Construction of the Dakota Access Pipeline (January 24, 2017)
Presidential Memorandum Regarding Construction of the Keystone XL Pipeline (January 24, 2017)
Executive Order Expediting Environmental Reviews and Approvals For High Priority Infrastructure Projects (January 24, 2017)
Presidential Memorandum Regarding Construction of American Pipelines (January 24, 2017)
Presidential Memorandum Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing (January 24, 2017)
Press Release: President Trump Takes Action to Expedite Priority Energy and Infrastructure Projects (January 24, 2017)