fbpx
 

WASHINGTON — A request for injunction was filed in Federal District Court of the District of Columbia last week by Earthjustice on behalf of the Standing Rock Sioux Tribe as an effort to shut down the Dakota Access pipeline.

The brief was filed to have U.S. District Judge James Boasberg clarify his ruling from July 6 that ordered Energy Transfer, the company behind the Dakota Access pipeline, to shut down the flow of oil on Aug. 6. That ruling was overturned by a three-judge panel of the U.S. Court of Appeals for the District of Columbia

“The Tribes are irreparably harmed by the ongoing operation of the pipeline, through the exposure to catastrophic risk, through the ongoing trauma of the government’s refusal to comply with the law, and through undermining the Tribes' sovereign governmental role to protect their members and respond to potential disasters,” attorneys Jan Hasselman and Nicole Ducheneaux wrote in a Friday filing.

The Dakota Access pipeline was the center of controversy four years ago when tens of thousands of American Indians and allies protested at Standing Rock. The DAPL crosses beneath the Missouri River at Lake Oahe just half a mile from the Standing Rock Indian reservation in North Dakota, on unceded ancestral lands.

In addition to the brief filed, a declaration from Jon Eagle, Tribal Historic Preservation Officer for the Standing Rock Sioux, was filed.

“My ancestors signed treaties with the United States government in the hopes that their grandchildren would have a future. And yet our experience is that the United States does not honor the treaties of their grandfathers. Does our treaty not say, ‘absolute and undisturbed use and occupation of the Indians therein named?’ How is it that a pipeline could be allowed to go through our treaty territory without our consent?” Eagle wrote in his declaration.

“I have previously discussed the historic trauma that every Tribal member carries with them. Allowing this pipeline to continue operating will compound this trauma yet again, causing untold harm,” Eagle concluded. 

As the Standing Rock Sioux Tribe continues the legal process going in the court system, at home the tribe has asked the U.S. Army Corps of Engineers to extend its public comment period on the Environmental Impact Statement now underway to determine the risk the Dakota Access pipeline poses to Standing Rock tribal citizens. Covid-19 was cited as the reason for the extension request. 

“We demand a true consultation here at Standing Rock. The proposed scoping does not address our concerns, which are essential to a complete, accurate and fair assessment of the risks the pipeline poses to Standing Rock, including the public’s health and the local environment,” the tribe said in a press release. 

The Dakota Access pipeline was fast-tracked by the Trump administration because of a presidential memorandum signed by President Donald Trump four days after he assumed the presidency. The Obama administration said a month before it would not grant a permit for the pipeline. 

More Stories Like This

Navajo Nation Leaders Recognized the Fallen on Memorial Day
This Day in History — May 28, 1830, Andrew Jackson Signs Indian Removal Act
Native News Weekly (May 28, 2023): D.C. Briefs
Oklahoma Legislature Overrides Governor Stitt’s Veto of Native Regalia Bill
Native Bidaské with Lummi Nation Chairman Anthony Hillaire on the Opioid Crisis

Native News is free to read.

We hope you enjoyed the story you've just read. For the past dozen years, we’ve covered the most important news stories that are usually overlooked by other media. From the protests at Standing Rock and the rise of the American Indian Movement (AIM), to the ongoing epidemic of Murdered and Missing Indigenous People (MMIP) and the past-due reckoning related to assimilation, cultural genocide and Indian Boarding Schools.

Our news is free for everyone to read, but it is not free to produce. That’s why we’re asking you to make a donation to help support our efforts. Any contribution — big or small — helps.  Most readers donate between $10 and $25 to help us cover the costs of salaries, travel and maintaining our digital platforms. If you’re in a position to do so, we ask you to consider making a recurring donation of $12 per month to join the Founder's Circle. All donations help us remain a force for change in Indian Country and tell the stories that are so often ignored, erased or overlooked.

Donate to Native News Online today and support independent Indigenous journalism. Thank you. 

About The Author
Native News Online Staff
Author: Native News Online StaffEmail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Native News Online is one of the most-read publications covering Indian Country and the news that matters to American Indians, Alaska Natives and other Indigenous people. Reach out to us at [email protected].