Chairman Harold Frazier of the Cheyenne River Sioux Tribe addresses a #NoDAPL rally outside of the federal courthouse in Washington, D.C., on August 24, 2016. Photo by Indianz.Com / Available for use under a Creative
Commons Attribution-NonCommercial-ShareAlike 4.0 International License
The Cheyenne River Sioux Tribe is launching a new effort aimed at stopping the Dakota Access Pipeline ahead of a critical hearing in federal court.
The tribe already requested a preliminary injunction to prevent oil from flowing through the pipeline based on threats to its religious practices. A federal judge is hearing arguments in Washington, D.C., next week as the controversial project, dubbed the Black Snake in Lakota philosophy, moves quickly toward completion.
But the tribe is also seeking a judgment against the U.S. Army Corps of Engineers for approving the final portion of the pipeline in North Dakota. A motion filed on Wednesday slams the agency for granting an easement to Dakota Access and its wealthy backers only three weeks after President Donald Trump took office.
"The United States Army Corps of Engineers’ approval of the Dakota Access Pipeline is a clear case of allowing the fox to run the henhouse," the 56-page brief states.
Authorities in North Dakota continue to clear out Oceti Sakowin, which hosted tens of thousands of people as part of the #NoDAPL movement. Photo: Morton County
After months of pressing their case to the Obama administration,
Cheyenne River leaders, like their counterparts at the Standing Rock Sioux Tribe, have been sidelined by the new Republican regime in Washington. There's been little productive communication with Trump's team with regard to the easement or the environmental impact statement that was supposed to address treaty rights and other key issues.
"President Trump, without any tribal consultation, issued an executive memorandum that ordered the Corps to expedite its decision, rescind the EIS notice, and to grant the easement to Dakota Access, 'to the extent permitted by law,'" Cheyenne River Sioux's filing reads.
But the tribe countered that the granting of the easement was "plainly arbitrary and capricious, and unlawful" and in violation of the federal government's treaty and trust responsibilities.
The tribe also blasted the new administration for putting a hold on a pro-treaty legal opinion that had been issued by the Solicitor at the Department of
the Interior in December. The document, known as Opinion M-37038, has been removed from the department's website by the "acting" leader of the agency.
"This political decision to erase this analysis from the books, does not diminish its sound basis in law," the tribe said in a footnote. "The withdrawal of the opinion, without reasoned explanation, underscores the results-oriented mindset that has permeated the government’s decision-making related to this project."
The fight don't end, we taking our words and action to Washington Deceit! March 7th - 10th, 2017!
Check out...Posted by Dallas Goldtooth on Wednesday, February 22, 2017
Dallas Goldtooth on Facebook: Native Nations Rise
E. Boasberg has agreed to expedite the tribe's request. Responses from the Trump administration and Dakota Access are due March 23 and the tribe can file a reply by April 6, according to an order he issued on Thursday.
The timeline means it is possible that oil will already be flowing through the pipeline by the time the judge receives all of the pleadings. Dakota Access, in a status report submitted on Tuesday, said the project could be finished anywhere between March 6 and April 1.
The tribe hopes Boasberg will issue the injunction and prevent that from happening. But he has refused to halt construction after being asked to do so by Standing Rock on two different occasions last year and by Cheyenne River earlier this month.
If Boasberg follows that pattern again, Cheyenne River could take the matter to the D.C. Circuit Court of
Appeals, which last year temporarily suspended work on the pipeline. During a hearing in October, at least two judges questioned why Dakota Access kept building despite lacking the final easement in North Dakota but now that hurdle has been cleared thanks to Trump.
Separate from Cheyenne River's efforts, Standing Rock is seeking to set aside the easement. Responses from the Trump administration and Dakota Access are due March 7, just as allies are expected in Washington for Native Nations Rise.
The event kicks off with a symbolic camp near the Washington Monument on March 7. But unlike the #NoDAPL sites in North Dakota that are being cleared out by state and federal authorities after hosting tens of thousands of people last year, overnight stays are not being allowed.
Native Nations Rise concludes with a march from Army Corps headquarters to the White House on March 10.
Indian Country #NoDAPL Briefs:
Sioux Tribe (February 21, 2017)
of Pojoaque / Association on American Indian Affairs / University of New Mexico
School of Law Natural Resources and Environmental Law Clinic (February 21,
Indigenous Women's Resource Center / 13 Tribes / 105 Non-Profit
Organizations (February 21, 2017)
of American Indians / 34 Tribes / 11 Tribal Organizations / 2 Civil Rights
Organizations (February 22, 2017)
Federal Register Notice:
of Termination of the Intent To Prepare an Environmental Impact Statement in
Connection With Dakota Access, LLC's Request for an Easement To Cross Lake Oahe,
North Dakota (February 17, 2017)
Prior Federal Register Notice:
of Intent To Prepare an Environmental Impact Statement in Connection With Dakota
Access, LLC's Request for an Easement To Cross Lake Oahe, North Dakota
(January 18, 2017)
Dakota Access Pipeline Approval Documents:
Justice Notice | Department of
the Army Approval Memorandum | Notice
of Termination of EIS for Dakota Access Pipeline | Easement
Letter to Congressional Leadership
White House Documents:
Memorandum Regarding Construction of the Dakota Access Pipeline (January 24,
Memorandum Regarding Construction of the Keystone XL Pipeline (January 24,
Order Expediting Environmental Reviews and Approvals For High Priority
Infrastructure Projects (January 24, 2017)
Memorandum Regarding Construction of American Pipelines (January 24,
Memorandum Streamlining Permitting and Reducing Regulatory Burdens for Domestic
Manufacturing (January 24, 2017)
Release: President Trump Takes Action to Expedite Priority Energy and
Infrastructure Projects (January 24, 2017)
Country joins legal push to block Dakota Access Pipeline (2/22)
Access offers up March 6 as earliest date for completion (2/22)
administration opposes injunction against Dakota Access (2/22)
team puts hold on pro-tribal Dakota Access legal opinion (2/22)
Sun News Today: #NoDAPL campsites see their final days (2/22)
Cook-Lynn: Dakota Access is everything wrong with US (2/22)
Annette Pember: Indigenous people can't ever back down (2/21)
Rock Sioux Tribe hopes to see return of casino business (2/21)
Gilio-Whitaker: Sen. Hoeven raises red flags in Indian Country (2/20)
of Indian Affairs issues 'trespass' notice to #NoDAPL camp (2/17)
on injunction against Dakota Access moved to February 28 (2/17)
Department formally cancels Dakota Access Pipeline review (2/16)
Sun News Today: Dakota Access firms see spills, explosions (2/16)
Giago Davies: Tribes face bigger threat than Dakota Access (2/16)
Mills: Tribes turn to courts to battle Dakota Access Pipeline (2/16)
Rock leader vows to 'forgive' despite White House slight (2/15)
Socialist: Voices from water protectors at Standing Rock (2/15)
leader of key House panel defends handling of Dakota Access (2/14)
Access ready to start transporting oil sooner than expected (2/13)
tribes join effort to halt completion of Dakota Access Pipeline (2/13)
Corps gave go ahead to Dakota Access Pipeline in key memo (2/13)
Trahant: Battle over Dakota Access Pipeline is far from over (2/13)
head back to court in hopes of halting Dakota Access Pipeline (2/10)
Access pushes to finish pipeline with Army Corps easement (2/9)
Charles: The real reason Trump hasn't heard about #NoDAPL (2/9)
Giago Davies: Dakota Access battle has got us divided again (2/9)
promise fight to keep Dakota Access Pipeline out of homeland (2/8)
Dakota Access document from Army Corps wasn't filed in court (2/8)
Gabriel Ware & James Trimarco: City breaks with bank over DAPL (2/8)
Loeffelholz Dunn: In defense of Native journalist Jenni Monet (2/8)
Luger: Media is still trying to divide and conquer our people (2/8)
d'Errico: Even Donald Trump can't trample over tribal treaties (2/8)
Carmen/Roberto Borrero: Trump's slash and burn on treaties (2/8)
administration formally approves easement for Dakota Access (2/7)
Trahant: Native journalist charged by North Dakota authorities (2/7)
Bender: Donald Trump goes blitzkrieg on #NoDAPL movement (2/7)
Access offers timeline as Trump finalizes decision on pipeline (2/6)
Bravebull Allard: Indigenous nations must stand our ground (2/6)
Monet: I got arrested for reporting on the #NoDAPL movement (2/6)
Cook: Now it is time for all of us to stand down at Standing Rock (2/6)
Madeson: More tribes joining with #DefundDAPL movement (2/3)
Trahant: Donald Trump's 'logic' on the Dakota Access Pipeline (2/1)
LaDuke: Tribes emboldened by resistance at Standing Rock (2/1)
Sun News Today: Tribes push back on Trump's pipeline orders (2/1)