“24 Aug 2016
Federal Judge: No Decision Until at Least Sept 9 on Dakota Access Case
WASHINGTON – Federal District Judge James E. Boarsberge said he will not render a decision on the lawsuit brought by the Standing Rock Sioux Tribe against the U.S. Army Corps of Engineers and Dakota Access, LLC.
He indicated that the central legal issue is whether or not proper tribal consultation occurred between the tribes and U.S. Army Corps of Engineers.
Judge Boarsberge said there appears to have been a lack of communication between the Corps of Engineers and the tribes and the failure on the Corps of Engineers’ part to perform the due diligence in the process in the development of the project.
The judge will render his decision on September 9, 2016 and he set September 14 as a date for appeal if either side is not happy with his decision.
In today’s order, there was no injunction rendered, which means construction and drilling can continue.
Aug 19, 2016
Construction halted after more than 1,000 people swarm to protest the Dakota Access pipeline they believe threatens the Missouri River.
A groundswell of Native American activists has temporarily shut down construction on a major new oil pipeline with an ongoing protest that has drawn around 1,200 people to Cannon Ball, N.D.
Construction workers walked away from their bulldozers Monday after protesters surrounded the equipment and called for an end to construction of the Dakota Access pipeline. A group of protesters on horseback also staged a mock charge toward a line of law enforcement officials guarding the site, and the county sheriff alleged others have fired guns and set off pipe bombs.
The $3.8 billion pipeline at the heart of the protest would carry about half a million barrels of crude oil per day from the Bakken oil field to Illinois where it would link with other pipelines to transport the oil to Gulf Coast refineries and terminals.
The protest was staged at a spot where the pipeline would pass beneath the Missouri River, just upstream from the Standing Rock Sioux reservation, a community of 8,500 along the Missouri River in North and South Dakota.
Protesters from dozens of tribes across the country are now camping in tents, tepees and mobile homes at the Sacred Stone Camp a mile and a half from the construction site. A video shows a second, more recently established campsite, the Red Warrior Camp.
“We have to be here,” David Archambault II, the chairman of the Standing Rock Sioux tribe, who was arrested at the site last week, said in a statement. “We have to stand and protect ourselves and those who cannot speak for themselves.”
The pipeline’s builder, Energy Transfer Partners, said through a spokesperson that it is “constructing this pipeline in accordance with applicable laws, and the local, state and federal permits and approvals we have received.”
“This is an important energy infrastructure project that benefits all Americans and our national economy,” it said. The company did not respond to a request for additional comment.