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Army Corps promises answer on Dakota Access easement 'soon'





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Posted by Standing Rock Sioux Tribe on Monday, October 10, 2016

Standing Rock Sioux Tribe on Facebook: Tell President Obama to reject the Dakota Access Pipeline

The U.S. Army Corps of Engineers hopes to finish its review of the Dakota Access Pipeline "soon," the Obama administration said on Monday.

The Army Corps has yet to issue an easement for construction at Lake Oahe in North Dakota. Without that approval, Dakota Access can't complete a crucial portion of the 1,168-mile pipeline.

"The Army continues to review issues raised by the Standing Rock Sioux Tribe and other Tribal nations and their members and hopes to conclude its ongoing review soon," a joint statement from the Department of Justice, the Department of the Army and the Department of the Interior read.

"In the interim, the Army will not authorize constructing the Dakota Access Pipeline on Corps land bordering or under Lake Oahe," it continued, reiterating a position the Obama administration first outlined on September 9.

The statement comes in response to an order issued by the D.C. Circuit Court of Appeals on Sunday evening that allows Dakota Access to resume construction on both sides of Lake Oahe -- even up to the water's edge. The work is mostly occurring on private land, where the Army Corps otherwise lacks jurisdiction.


Indianz.Com SoundCloud: D.C. Circuit Court of Appeals Oral Arguments in Standing Rock Sioux Tribe v. Army Corps of Engineers October 5, 2016

"This is all private property and we have all permits to build there," Miguel A. Estrada, a well-connected attorney who was brought on board by Dakota Access only two weeks ago, told the D.C. Circuit during a hearing last Wednesday.

Without an easement from the Army Corps, however, Dakota Access won't be able to run the pipeline from the west side of Lake Oahe and connect it to infrastructure on the east side, where construction is all but complete.

"If you're not going to get the permit to cross at the critical point, you're going to have to redirect the pipeline, right?" Judge Thomas B. Griffith asked at the hearing.

"Yes," Estrada responded.

"So it's a gamble," Griffith said. "You're gambling you're going to win."

Water Protectors are Nonviolent - they bring their families, signs, songs and prayers to the front lines. North Dakota...

Posted by Sacred Stone Camp on Monday, October 10, 2016

Camp of the Sacred Stone on Facebook: "! Together We Will Defeat the Black Snake!!" Photos by Rob Wilson Photography [GoFundMe]

While Monday's statement did not offer a concrete timeline for a decision, Department of Justice attorneys have previously said the review process will take "weeks" rather than "months." But the longer the Army Corps takes, the harder it will be for Dakota Access. to complete the pipeline before the onset of winter and start transporting oil by January 1, 2017, the date it has promised to clients and partners.

The review is taking into account environmental, treaty and other claims raised by to the Standing Rock Sioux Tribe, the Cheyenne River Sioux Tribe and the Yankton Sioux Tribe, a government attorney said at the October 5 hearing in Washington, D.C.

"The Army has to make a determination that the easement is in the public interest and complies with federal law," attorney James A. Maysonett told a panel of three judges that heard the case.

D.C. Circuit Court of Appeals #NoDAPL Documents:
Standing Rock Sioux Tribe's Emergency Motion for Injunction Pending Appeal (September 12, 2016)
Dakota Access LLC Opposition (September 14, 2016)
U.S. Army Corps of Engineers Opposition (September 14, 2016)
Standing Rock Sioux Tribe's Reply (September 15, 2016)
Injunction Blocking Construction of Dakota Access Pipeline (September 16, 2016)
Order Setting October 5 Hearing (September 21, 2016)
Order Allocating Oral Argument Time (September 21, 2016)

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