Matthew Fletcher: Obama joins tribes on the right side of history


President Barack Obama greets a young dancer at the Cannon Ball Flag Day Powwow in Cannon Ball, North Dakota, on June 13, 2014. Photo by Pete Souza / White House

Professor Matthew Fletcher of Turtle Talk discusses the Obama administration's extraordinary action to put a key part of the $3.8 billion Dakota Access Pipeline on hold pending further review of issues raised by the Standing Rock Sioux Tribe:
The Standing Rock Sioux Tribe, hundreds of Indian tribes that support its position, and the thousands of Indians that stand by its side in Cannonball lost an important ruling by a federal court on the Dakota Access Pipeline fight (DAPL), only to learn minutes later that the Obama administration, the defendant in Standing Rock Sioux Tribe v. United States Army Corps of Engineers, would dramatically reverse its position and grant most of the relief requested by the tribe.

Indian tribes and their people often speak about taking history into consideration in making important decisions. Tribal advocates are well known for delving into the history of their tribal communities in briefings and in testimony before trial judges, sometimes to the other parties’ consternation or confusion. It makes sense though, because many tribal claims are rooted in treaty language negotiated 150 years ago or more. Federal and tribal laws on membership or trust land acquisitions, for example, sometimes make little sense unless one knows, say, the history of removal or allotment or termination.

Tribes look to the future, too. We know this because those same treaties of the 18th and 19th centuries are evidence that those tribal leaders were thinking about the future, and even the ultimate fate of Indian people. Those treaties are the source of the federal government’s obligation to protect Indian lands and resources, and to provide government services such as education and health care.

Read More on the Story:
Matthew Fletcher Law360 Commentary: “The Right Side Of History: Obama’s Administration And DAPL” (Law380 / Turtle Talk 9/12)

Relevant Documents:
Standing Rock Sioux Tribe Notice of Appeal (September 9, 2016)
Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe Motion for An Injunction Pending Appeal (September 9, 2016)
U.S. Army Corps of Engineers Response to Plaintiff's Motion For an Injunction (September 9, 2016)
Joint Statement from the Department of Justice, the Department of the Army and the Department of the Interior Regarding Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers (September 9, 2016)
Federal Court Decision in #NoDAPL Case (September 9, 2016)

Join the Conversation
Related Stories:
Judge won't grant injunction to protect sacred sites in DAPL path (9/12)
Democracy Now: Standing Rock Sioux Tribe creates 'awakening' (9/12)
Mark Trahant: #NoDAPL movement forces long overdue debate (9/12)
Steve Russell: Anonymous makes appearance in #NoDAPL fight (9/12)
Liz Perez Halperin: Why this warrior stands up for Standing Rock (9/12)
Obama steps in with major action halting Dakota Access Pipeline (9/9)
Tribes move quickly to protect sacred lands within pipeline path (9/9)
Cheyenne River Sioux Tribe thanks Obama for #NoDAPL stance (9/9)
Indian Country eagerly anticipates decision in #NoDAPL lawsuit (9/9)
Lakota Country Times: Henry Red Cloud takes stand for #NoDAPL (9/9)
Ernestine Chasing Hawk: A history of resistance at Standing Rock (9/9)
Steve Russell: Legal encounters and the Dakota Access Pipeline (9/9)
Obama dodges #NoDAPL query as youth question commitment (9/8)
Standing Rock Sioux Tribe urges calm ahead of #NoDAPL ruling (9/8)
Mark Trahant: White House must get involved in #NoDAPL fight (9/8)
Native Sun News Today: Law clamps down on #NoDAPL resisters (9/8)
Ivan Star Comes Out: #NoDAPL movement is about sacred water (9/8)
Jim Gray: Mainstream media is missing the major #NoDAPL story (9/8)
Gyasi Ross: Doing your part to ensure #NoDAPL keeps on winning (9/8)
Sheriff recruiting more law enforcement for #NoDAPL campsites (9/8)
#NoDAPL movement takes center stage at North Dakota summit (9/7)
Lakota Country Times: School going strong at #NoDAPL campsite (9/7)
Mark Charles: The #NoDAPL struggle continues after hearing in DC (9/7)
Dave Archambault II: The Dakota Access Pipeline musn't be built (9/7)
Eastern Cherokees contribute $50K to Standing Rock Sioux Tribe (9/7)
Jill Stein of Green Party faces charges for standing with #NoDAPL (9/7)
Dave Archambault: Dakota Access Pipeline destroys sacred sites (9/7)
Steven Newcomb: Vicious dogs unleashed on #NoDAPL resisters (9/7)
Mike Myers: Historic ties between the Haudenosaunee and Sioux (9/7)
Standing Rock Sioux Tribe disappointed with ruling in #NoDAPL case (9/6)
Dakota Access fires back at tribes ahead of hearing in federal court (9/6)
Lakota Country Times: Tribes still united at #NoDAPL encampment (9/6)
Native Sun News: Death highlights dangers of Dakota Access work (9/6)
Hearing ordered after Standing Rock Sioux Tribe reports destruction (9/5)
Army Corps backs restraining order against Dakota Access Pipeline (9/5)
Quinault Nation sends Grandfather Canoe to #NoDAPL encampment (9/5)
Sarah Sunshine Manning: Dogs attack peaceful #NoDAPL resisters (9/5)
LaDonna Brave Bull Allard: We have no choice but to defend water (9/5)
Jacqueline Keeler: #NoDAPL resistance is part of something bigger (9/5)
Steve Russell: Federal Indian law and the Dakota Access Pipeline (9/5)
Standing Rock Sioux Tribe reports cultural finds near pipeline path (9/2)
Mark Trahant: #NoDAPL poses test for Hillary Clinton and Tim Kaine (9/2)
Native Sun News: Cartoonist brings humor to #NoDAPL movement (9/2)
Tribal activists cheer demise of controversial pipeline in Minnesota (9/2)
United Nations Forum backs Standing Rock Sioux Tribe on #NoDAPL (9/1)
Native Sun News: Northern Cheyenne Tribe joins #NoDAPL efforts (9/1)
Jim Kent: The real truth about the #NoDAPL resistance movement (9/1)
Mark Trahant: Candidate shows support for #NoDAPL movement (9/1)
Lakota Country Times: #NoDAPL roadblock remains a major issue (8/31)
Brandon Ecoffey: #NoDAPL resistance is the start of a movement (8/31)
Dave Archambault: Struggle unfolds on Standing Rock Sioux land (8/31)
Terri Miles: Indian Country unites to stare down the black snake (8/31)
Joel Heitkamp: Officials in North Dakota need a lesson in respect (8/31)
Standing Rock Sioux Tribe confirms lack of easement for pipeline (8/30)
Supplies needed for #NoDAPL Defenders of Sacred Water School (8/30)
Lakota Country Times: Students witness history at pipeline camp (8/30)
Vi Waln: Media distorts peaceful nature of sacred #NoDAPL camp (8/30)
Mike Myers: Historic ties between the Haudenosaunee and Sioux (8/30)
Mark Anthony Rolo: Tribes remain at mercy of bad federal policies (8/30)
Defenders of the Water School opens at pipeline resistance camp (8/29)
Lakota Country Times: Resisters dispute emergency declaration (8/29)
Dave Archambault: Stopping the desecration of our Mother Earth (8/29)
Mark Trahant: State erects roadblock at peaceful #NoDAPL camp (8/29)
Latoya Lonelodge: Witnessing history at Camp of Sacred Stones (8/29)
Jon Eagle: Land remains sacred to the Standing Rock Sioux Tribe (8/29)
Albert Bender: Tribes join together at Camp of the Sacred Stones (8/29)
Steven Newcomb: Law of Christendom at play in #NoDAPL battle (8/29)
Arvol Looking Horse: Saving our Earth from energy development (8/29)
Tribal Tribune: Unity at Standing Rock Sioux Tribe's #NoDAPL camp (8/26)
Winona LaDuke: Corporate interests come to destroy our mother (8/26)
Sarah Sunshine Manning: #NoDAPL campaign awakens our people (8/26)
Dakota Access Pipeline lacks key approval to build by reservation (8/26)
Lummi Nation sends totem pole to #NoDAPL camp in North Dakota (8/26)
Dave Archambault: Why the Standing Rock Sioux Tribe is fighting (8/25)
Cheyenne River Sioux Tribe chair dispels rumors about camp site (8/25)
Sen. Bernie Sanders joining opposition to Dakota Access Pipeline (8/25)
Native Sun News: Thousands join #NoDAPL resistance movement (8/25)
Standing Rock Sioux Tribe sees strong support at pipeline hearing (8/24)
Kayla DeVault: Navajo Nation must take a stand on Dakota Access (8/24)
Cheyenne River Sioux Tribe seeks prayers ahead of pipeline hearing (8/23)
Lakota Country Times: Oglala Sioux Tribe joins fight against pipeline (8/23)
Brandon Ecoffey: The Horse Nations prepare for battle over pipeline (8/23)
Simon Moya-Smith: Hillary Clinton remains silent amid pipeline feud (8/23)
Steven Newcomb: Standing Rock Sioux Tribe challenges domination (8/23)
Sheriff mistook sacred pipes for pipe bombs at pipeline protest site (8/23)
Tribes prepare for critical hearing in Dakota Access Pipeline lawsuit (8/22)
Mark Trahant: Pipeline fight highlights power of political organizing (8/22)
Lakota Country Times: Tribes unite to stop Dakota Access Pipeline (8/22)
Vi Waln: Our water system is being threatened by energy pipelines (8/22)
Winona LaDuke: Bigger problems ahead for Dakota Access Pipeline (8/22)
Dallas Goldtooth: Tribes shut out of Dakota Access Pipeline process (8/22)
Native Sun News: Resistance grows against Dakota Access Pipeline (08/18)
Harold Frazier: Obama must put a stop to Dakota Access Pipeline (08/15)
Tribes and Native youth join forces in campaign to stop oil pipeline (08/11)
Democrats embrace tribal sovereignty in platform for convention (07/08)
Dakota Access Pipeline to go underneath tribal burial site in Iowa (06/22)
Native Sun News: Standing Rock Sioux Tribe battles oil pipeline (06/08)
Iowa board approves energy pipeline work amid tribal objections (06/07)
Native Sun News: Tribes score big in fights against energy projects (05/26)
Standing Rock Sioux Tribe seeks halt to construction of pipeline (05/12)
Native Sun News: Youth run 500 miles to protest new oil pipeline (05/11)
Native Sun News: Standing Rock Sioux Tribe aims to stop pipeline (04/27)
Standing Rock Sioux Tribe and Army Corps to discuss oil pipeline (04/26)
Native Sun News: Tribes gaining traction in war against pipelines (04/20)
Brandon Ecoffey: Tribes continue battle against energy pipelines (04/19)
Standing Rock Sioux Tribe sets up sacred camp to oppose pipeline (04/15)
Native Sun News: Tribes organize against Dakota Access Pipeline (04/13)
Iowa Tribe joins fight against oil pipeline on aboriginal territory (3/24)
Native Sun News: Standing Rock Sioux Tribe battles pipeline plan (3/14)
Native Sun News: Tribes fight another pipeline through Great Plains (07/07)
Meskwaki Tribe opposes oil pipeline through aboriginal territory (03/17)