Federal Government Steps In To Stop DAPL After Court Rules Against Indigenous

September 10th, 2016

Awake Goy

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Above Photo: By ANDREW CULLEN/REUTERS

Immediately after a federal court ruled against the Indigenous challenge to the Dakota Access Pipeline, the federal government stepped in and temporarily stopped it. Common Dreams reported:

The Department of Justice, the Department of the Army, and the Department of the Interior issued a joint statement indicating that “important issues raised by the Standing Rock Sioux Tribe and other tribal nations and their members regarding [DAPL] specifically, and pipeline-related decision-making generally, remain.”

As a result, the statement read, construction on Army Corps land bordering or under Lake Oahe—which straddles North and South Dakota—will be halted until the Corps “can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws.”

“In the interim,” the agencies continued, “we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.”

The statement continued:

“Furthermore, this case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects. Therefore, this fall, we will invite tribes to formal, government-to-government consultations on two questions: (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals.”

This may be a temporary and fragile victory, but delay is a definite victory. The Indigenous and others who oppose the pipeline would not have gotten this victory without the tremendous showing of people power that they put forward. The movement to stop DAPL must use this delay to continue to build their power and push the government to make this permanent.

Dakota Access Pipeline Stopped After Army Called In To Stop Protests

In an unexpected development, immediately following the ruling by federal judge denying a Native American Indian tribe’s injunction request Friday to stop a Dallas-based energy company from building a four-state, $3.8 billion oil pipeline, the Departments of Justice, the Interior and the Army requested a halt to the Dakota Access Pipeline’s construction.

They explained that the concerns raised by the Standing Rock Sioux tribe required a reconsideration of previous decisions regarding the site, including the one that was just handed down.

“The Army will move expeditiously to make this determination, as everyone involved – including the pipeline company and its workers – deserves a clear and timely resolution,” the Department of Justice penned in an official statement. “In the interim, we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.”

The rapid series of changes to the pipeline’s status Friday left both sides in a state of confusion. We have still not received comment from the Standing Rock property owner about the government intervention.

This all comes immediately after photographs began circulating of the Army Reserves setting up military checkpoints to stop drivers coming to Standing Rock to protest. The National Guard is a “dual service,” with both state and federal control, whereas the Army Reserve is strictly under the control of the federal government.

Initial reactions show that many close observers of the case were caught off guard by the Obama administration’s intervention. This presents a series of new questions about what happens next.

Did Energy Transfer Partners, the Dallas-based firm that owns the pipeline, ever even have the required permits to build the pipeline?

If the company itself refuses to prove that it did.

This raises the question of what would happen if the the corporation goes forward and works on it in spite of the order. The Obama administration would respond to requests for clarification as to whether military force would be used to stop them.

Energy Transfer says that this is just a delay, albeit one that could cause significant financial losses. A company spokeswoman declined to comment further.

The refusal handed down in a 58-page opinion by U.S. District Court Judge James Boasberg ruled that the Standing Rock Sioux tribe “had not presented enough evidence that the pipeline would cause irreparable harm to the tribe that the Court could prevent.”

“Aware of the indignities visited upon the Tribe over the last centuries, the Court scrutinizes the permitting process here with particular care,” Boasberg wrote. “Having done so, the Court must nonetheless conclude that the Tribe has not demonstrated that an injunction is warranted here.”

But in a move that the Standing Rock Sioux tribe described as “stunning,” the Obama administration intervened to revoke authorization while reconsidering whether the construction around Lake Oahe violates federal laws.

“This federal statement is a game changer for the Tribe and we are acting immediately on our legal options, including filing an appeal and a temporary injunction to force DAPL to stop construction,” the tribe posted on Facebook.

Dallas-based Energy Transfer Partners and its boss, Kelcy Warren, described the Obama administration’s decision to intervene as “deeply troubling,” warning that it might have a “long-lasting chilling effect” on infrastructure development.

“Should the Administration ultimately stop this construction, it would set a horrific precedent,” Craig Stevens, a spokesman for the coalition said. “No sane American company would dare expend years of effort and billions of dollars weaving through an onerous regulatory process receiving all necessary permits and agreements, only to be faced with additional regulatory impediments and be shutdown halfway through completion of its project.”

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