Cheyenne River Sioux Tribe waits for ruling on Dakota Access injunction
Tuesday, February 28, 2017
More on: cheyenne river sioux, dakota access pipeline, dc, doj, donald trump, james boasberg, nicole ducheneaux, north dakota, standing rock sioux, treaties, usace, water
Authorities remove the last remaining residents of the #NoDAPL encampment in North Dakota on February 24, 2017. Photo: Rob Wilson [GoFundMe]
The Cheyenne River Sioux Tribe will have to wait another week to see whether a federal judge will put a stop to the Dakota Access Pipeline.
The tribe made a forceful argument in federal court in Washington, D.C., in hopes of derailing the controversial project. Attorney Nicole Ducheneaux, herself a Cheyenne River citizen, said the mere presence of the crude oil pipeline in the Missouri River will harm her people's way of life by rendering the water impure.
"Water is essential to life on the reservation," Ducheneaux said during a 90-minute hearing on Tuesday morning.
But Judge James
E. Boasberg said he wasn't ready to rule on a preliminary injunction sought by the tribe. He promised a written decision next week, which happens to be around the same time that construction in North Dakota might be finished.
With that in mind, Boasberg ordered Dakota Access to provide advance notice of oil going into the pipeline. He did so even after an attorney for the firm said there was a "low likelihood" that work would be finished by March 6, the earliest possible date of completion.
"I'm asking you to give 48 hours notice," the judge told attorney David Debold.
The firm is already providing weekly status updates on construction activities and has given a range of March 6 to April 1 for dates of completion. After huddling in court with a top Dakota Access executive, Debold added that there was a "very high likelihood" that oil will be flowing before April 1, which would give the tribe, as well as other opponents, more time to fight the project in court.
The court actions represent the last resort for Cheyenne River as well as for the Standing Rock Sioux Tribe now that President
Donald Trump has turned his back on them. His administration failed to consult with the tribes on a government-to-government basis before the final portion of the pipeline was approved.
Arguments made by the Department of Justice at the hearing underscored the change in Washington. Attorney Ben Schifman said the Cheyenne River Sioux Tribe failed to raise any concerns about its religious practices while the U.S. Army Corps of Engineers was reviewing the pipeline.
For the tribe to bring up religious concerns at this point in the litigation "is very problematic to the Corps ... and for the court's resources," Schifman said as he urged Boasberg to deny the injunction.
But if the injunction is denied, the fight still won't be over. Both Cheyenne River and Standing Rock have asked the judge to set aside the easement that was granted to Dakota Access earlier this month.
Briefing on that issue continues as construction crews work on the final portion at a site less than a half-mile from Standing Rock. A "pilot hole" has already been drilled under the Missouri River, according to a status update filed in court on Monday.
Crews are now "reaming" the hole, or making it bigger in order to accept a pipe that will transport oil through the river. The company and the Army Corps have both argued that the pipe, which will be 30 inches in diameter, won't impact the two tribes' treaty-guaranteed right to water in the Missouri.
"It doesn't even touch the water," Schifman of the Department of Justice said of the pipe.
Separate from the court fight, Standing Rock leaders are hoping to galvanize public support with Native Nations Rise
in Washington. The event includes a symbolic camp near the Washington Monument starting on
March 7 and concludes with a march 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)
d'Errico: Yankton Sioux Tribe battles Dakota Access in court (2/28)
Nation citizens seek to join Dakota Access Pipeline lawsuit (2/27)
Access files another status update on construction work (2/27)
Trahant: The story of Standing Rock won't be going away (2/27)
Monet: Tribes continue fight as #NoDAPL camps evicted (2/27)
Bender: The war against Dakota Access can still be won (2/27)
Rock Sioux Tribe blasts Trump claim of 'constant contact' (2/24)
River Sioux Tribe calls out Trump 'lies' on Dakota Access (2/24)
River Sioux Tribe slams Trump for lack of consultation (2/23)
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)
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)
Copyright © Indianz.Com