Youth from the Standing Rock Sioux Tribe and the Cheyenne River Sioux Tribe lead a ReZpect Our Water rally outside of the White House in Washington, D.C., on August 6, 2016. Photo by Indianz.Com (CC BY-NC-SA 4.0)

Big #NoDAPL News: Federal judge orders shutdown of Dakota Access Pipeline

This is a developing story.

A federal judge has finally invalidated permits for Dakota Access Pipeline following four years of complaints from Indian Country.

On July 6, 2020, Judge James E. Boasberg ordered a shutdown of the controversial oil project that runs through Sioux Nation treaty territory.

From the ruling in Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe v. U.S. Army Corps of Engineers: "Lake Oahe is a large reservoir lying behind a dam on the Missouri River and stretching between North and South Dakota. Fearing severe environmental consequences, American Indian Tribes on nearby reservations have sought for several years to invalidate federal permits allowing the Dakota Access Pipeline to carry oil under the lake. Today they finally achieve that goal — at least for the time being."

"Although mindful of the disruption such a shutdown will cause, the court now concludes that the answer is yes," the 24-page decision reads.

The ruling is the latest to fault the U.S. Army Corps of Engineers for approving the $3.8 pipeline without considering all of the impact on treaty rights and environmental justice.

"[G]iven the seriousness of the Corps’ NEPA error, the impossibility of a simple fix, the fact that Dakota Access did assume much of its economic risk knowingly, and the potential harm each day the pipeline operates, the court is forced to conclude that the flow of oil must cease," Boasberg said of the agency's violations of the National Environmental Protection Act, or NEPA.

"The court will nonetheless require the oil to stop flowing and the pipeline to be emptied within 30 days from the date of this opinion and accompanying order," the ruling continues. The 30-day deadline is August 5, 2020.

"This time period was proposed by the tribes and should provide sufficient time for the pipeline to be shut down in a safe and efficient manner, which is undoubtedly in everyone’s interest," Boasberg added.

The Standing Rock Sioux Tribe sued the Army Corps in the summer of 2016. The Cheyenne River Sioux Tribe was allowed to join the lawsuit around the same time.

The Oglala Sioux Tribe and the Yankton Sioux Tribe subsequently filed their own separate lawsuits. Their cases were consolidated with Standing Rock and Cheyenne River.

Relevant Documents
Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe v. U.S. Army Corps of Engineers (July 6, 2020)

Join the Conversation

Related Stories
Indigenous celebrate victory against Dakota Access Pipeline, but remain wary of Judge Boasberg (April 14, 2020)
Tribes score victory in long-running battle against Dakota Access Pipeline (March 25, 2020)
Dakota Access seeks to intervene in Oglala Sioux Tribe's lawsuit (May 17, 2017)
Standing Rock Sioux Tribe seeks hearing on expansion of Dakota Access Pipeline (July 11, 2019)
'We were born for this': Native women overcome obstacles in the legal field (May 3, 2019)
Tribal consultation policies still lacking amid challenges of Trump era (April 23, 2019)
Native Sun News Today: Judge deals blow to wealthy backers of Dakota Access Pipeline (February 22, 2019)
White House listening session turns messy as one tribe walks out in protest (February 14, 2019)
'These cases should never have been brought': Water Protector Legal Collective wraps up #NoDAPL work (February 7, 2019)
Native member of Congress helps lead first committee hearing on climate change (February 4, 2019)
Native Sun News Today: Pipeline victories celebrated on treaty anniversary (January 25, 2019)
Cronkite News: Indigenous Peoples March draws thousands to Washington D.C. (January 21, 2019)
Mary Annette Pember: Water protectors fight final stretch of Dakota Access Pipeline (January 9, 2019)
YES! Magazine: How Standing Rock changed one doctor's life (December 6, 2018)
Jacqueline Keeler: Tribes are mobilizing to protect and get out the Native vote (October 29, 2018)
Standing Rock citizens sue county over #NoDAPL road blockade (October 29, 2018)
Tribes finally given access to Dakota Access Pipeline decision (October 4, 2018)
Dakota Access Pipeline decision still missing in action (September 24, 2018)
Documentary follows 'Warrior Women' through major Indian movements (September 19, 2018)
Standing Rock Sioux Tribe still waiting on Dakota Access decision (September 18, 2018)
Dakota Access Pipeline decision still missing in action a week later (September 7, 2018)
Hard work 'in the trash': Standing Rock Sioux Tribe slams Trump on Dakota Access (September 4, 2018)
A return to frontier justice? Red Fawn Fallis locked up for #NoDAPL incident (August 20, 2018)
Trump administration delays Dakota Access Pipeline decision again (August 8, 2018)
Tribes await updated decision on Dakota Access Pipeline (August 6, 2018)
A 'political prisoner': Red Fawn Fallis takes the fall for #NoDAPL incident (July 31, 2018)
Red Fawn Fallis won't appeal sentence for #NoDAPL incident (July 24, 2018)
'I knew I wasn't guilty': #NoDAPL activist acquitted in North Dakota (July 16, 2018)
Red Fawn Fallis sentenced to nearly five years for #NoDAPL incident (July 13, 2018)
Dakota Access sued for failing to sell ranch at Standing Rock (July 11, 2018)
Dakota Access Pipeline study still not finished after more than a year (June 12, 2018)
Security firm hired by Dakota Access still won't admit wrongdoing (May 16, 2018)
Elizabeth Cook-Lynn: An Indian man walks into court and asks a judge to do the right thing (April 20, 2018)
Graham Lee Brewer: What we learned about #NoDAPL and accountability (April 16, 2018)
Albert Bender: Oil continues to flow through 'genocidal' Dakota Access Pipeline (April 9, 2018)
YES! Magazine: An 'awakening' emerges from Standing Rock (March 28, 2018)
Trump administration blames tribes for delay in new Dakota Access study (March 21, 2018)
Jenni Monet: What the movement at Standing Rock gave the world (March 16, 2018)
Standing Rock Sioux Tribe warns of 'same mistakes' with DAPL study (March 7, 2018)
Oscars see a bit of diversity on stage with Native presenter and performance (March 5, 2018)
Republican investigation links Russian trolls to #NoDAPL movement (March 1, 2018)
Sylvia Chi: Indigenous activists lead energy divestment movement (February 19, 2018)
Cheyenne River Sioux Tribe demands consultation on DAPL study (February 9, 2018)
Red Fawn Fallis stays jailed for #NoDAPL gun shooting incident (February 6, 2018)
Woman injured in #NoDAPL clash sues government for evidence (February 6, 2018)
Red Fawn Fallis enters guilty plea for #NoDAPL gun shooting incident (January 23, 2018)
Native Sun News Today: 'Water Protectors' film heralds unsung Lakota heroes (January 15, 2018)
Native Sun News Today: Cheyenne River Sioux Tribe raises funds for water (January 10, 2018)
Albert Bender: The original genocide continues with the Dakota Access Pipeline (November 16, 2017)
Advertisement
Tags
Trending in News
More Headlines