Federal appeals court sets October 5 hearing in #NoDAPL case


Dave Archambault II, the chairman of the Standing Rock Sioux Tribe #NoDAPL addresses supporters a rally outside of the federal courthouse in Washington, D.C., on August 24, 2016. Photo by Indianz.Com

The high-stakes battle over the Dakota Access Pipeline will go before a federal appeals court in two weeks.

Oral arguments will take place at 9:30am Eastern on Wednesday, October 5. The D.C. Circuit Court of Appeals issued an order on Tuesday setting the hearing.

The court already imposed an "administrative injunction" that prevents Dakota Access from working with 20 miles on both sides of Lake Oahe on the Missouri River. The order represents a victory, albeit a temporary one, for the Standing Rock Sioux Tribe and the Cheyenne River Sioux Tribe as they seek to protect sacred sites, burial grounds and other resources near Cannon Ball, North Dakota.

The tribes have asked for a more permanent injunction while they pursue a full appeal of a lower court's ruling that had allowed Dakota Access to continue work on the controversial and costly project. The hearing on October 5 will help the D.C. Circuit determine whether the request is warranted.


The federal appeals court in Washington, D.C., will hear arguments in #NoDAPL lawsuit will take place at 9:30am Eastern on October 5, 2016.

The case is being handled by a panel of three judges: Janice Rogers Brown, Thomas B. Griffith and Cornelia T.L. Pillard. Regardless of the way they rule on the request for the injunction, the tribes will still be able to proceed with their appeal, meaning additional briefs and possibly another hearing are still on the horizon.

The appeals process is not known for moving quickly. The D.C. Circuit's decision to impose an administrative injunction and schedule a hearing solely on a request for a more permanent injunction is all but unheard of in any case involving tribal interests.

The D.C. Circuit is located in the same building as the lower federal court. That's where a large crowd turned out for an August 24 hearing and #NoDAPL rally.

D.C. 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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