Wednesday's decision came 13 days after oil started flowing through the pipeline on June 1. President Donald Trump took credit for the getting the project on track and insisted that no one complained about his approval of the final portion near Standing Rock. “Nobody thought any politician would have the guts to approve that final leg and I just closed my eyes and said 'Do It,'” Trump said during a June 7 speech on infrastructure. The judge's decision presents an alternate reality. The Army Corps, he wrote, must take a "hard look" at issues raised by the tribe, including how an oil spill impacts rights that were guaranteed to the Sioux Nation through treaties with the United States. “Although the Corps substantially complied with NEPA in many areas, the court agrees that it did not adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice, or the degree to which the pipeline’s effects are likely to be highly controversial,” Boasberg wrote, referring to the National Environmental Policy Act.
Though he cautioned that he hadn't read the entire ruling, Cramer suggested that Congress might try to respond to it. Republicans, in the past, have tried to approve controversial infrastructure projects, like the Keystone XL Pipeline, in order to avoid tribal consultation requirements and other environmental laws. Tribal leaders and activists have pushed back on those approaches. All federal agencies, including the Army Corps, must consult Indian nations on a government-to-government basis, they argue. “These projects must include tribes early in the process so the negative impacts to our lands, waters, and sacred places can be avoided,” NCAI President Brian Cladoosby said in a statement on Wednesday. “Environmental justice demands that the rights of tribes are respected.” The June 21 hearing is scheduled to take place at 2:30pm Eastern at the federal courthouse in Washington, D.C.
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