Federal Court Rules That Approval of Dakota Access Pipeline Violated the Law

The Standing Rock Sioux Tribe won a significant victory in its fight to protect the Tribe’s drinking water and ancestral lands from the dangers associated with the Dakota Access pipeline.

A federal judge ruled that the federal permits authorizing the pipeline to cross the Missouri River just upstream of the Standing Rock reservation, which were hastily issued by the Trump administration just days after the inauguration, violated the law in certain critical respects.

In a 91-page decision, Judge James Boasberg wrote, “the Court agrees that [the Corps] 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.”The Court did not determine whether pipeline operations should be shut off and has requested additional briefing on the subject and a status conference next week.

“This is a major victory for the Tribe and we commend the courts for upholding the law and doing the right thing.” Standing Rock Sioux Chairman Dave Archambault II said, according to  Earthjustice. “The previous administration painstakingly considered the impacts of this pipeline, and President Trump hastily dismissed these careful environmental considerations in favor of political and personal interests.

We applaud the courts for protecting our laws and regulations from undue political influence and will ask the Court to shut down pipeline operations immediately.”

The Tribe’s inspiring and courageous fight has attracted international attention and drawn the support of hundreds of tribes around the nation.

The Tribe is represented by the nonprofit environmental law firm Earthjustice, which filed a lawsuit challenging the U.S. Army Corps of Engineers for issuing a permit for the pipeline construction in violation of several environmental laws.“This decision marks an important turning point. Until now, the rights of the Standing Rock Sioux Tribe have been disregarded by the builders of the Dakota Access Pipeline and the Trump administration—prompting a well-deserved global outcry,” said Earthjustice attorney Jan Hasselman. “The federal courts have stepped in where our political systems have failed to protect the rights of Native communities.”

The Court ruled against the Tribe on several other issues, finding that the reversal allowing the pipeline complied with the law in some respects.

(Article By Jeremiah Jones)

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