ADVERTISEMENT

ADVERTISEMENT

ADVERTISEMENT

ADVERTISEMENT

Corps halts pipeline construction despite judge denying tribe's request

BISMARCK -- A federal judge's ruling in the Standing Rock Sioux Tribe's lawsuit was quickly overshadowed Friday when the U.S. Army Corps of Engineers said it will not authorize Dakota Access Pipeline construction on Corps land.

Tepees stand in the Seven Council camp, one of three encampments that have grown on the banks of the Cannon Ball River over the last month with the purpose of stopping construction of the Energy Transfer Partners' Dakota Access oil pipeline near the Standing Rock Sioux reservation in Cannon Ball, N.D. Sept. 7, 2016. REUTERS/Andrew Cullen
Tepees stand in the Seven Council camp, one of three encampments that have grown on the banks of the Cannon Ball River over the last month with the purpose of stopping construction of the Energy Transfer Partners' Dakota Access oil pipeline near the Standing Rock Sioux reservation in Cannon Ball, N.D. Sept. 7, 2016. REUTERS/Andrew Cullen

BISMARCK - A federal judge's ruling in the Standing Rock Sioux Tribe's lawsuit was quickly overshadowed Friday when the U.S. Army Corps of Engineers said it will not authorize Dakota Access Pipeline construction on Corps land.

The joint decision by the Corps, the Department of Justice and the Department of Interior to pause construction of the pipeline drew cheers Friday afternoon from 300 to 400 protesters gathered on the North Dakota Capitol south lawn.

"A public policy win is a lot stronger than a judicial win," said Tribal Chairman Dave Archambault II, speaking to the crowd. "It's a win for all Indians. It's a win for indigenous people."

The agencies' decision also prompted a jubilant celebration 35 miles south, where an estimated 5,000 opponents descended for a historic, and mostly peaceful, protest against the pipeline's construction.

Shortly after U.S. District Judge James Boasberg denied the tribe's request for an injunction, the federal agencies issued a joint statement that will halt Dakota Access construction on Corps land.

ADVERTISEMENT

"The Army will not authorize constructing the Dakota Access pipeline on Corps land bordering or under Lake Oahe until it can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws," the statement read.

The Corps said it will move expeditiously to make the determination and provide a clear and timely resolution. The agencies requested that the pipeline company voluntarily pause all construction within 20 miles east or west of Lake Oahe.

A spokeswoman for Dakota Access Pipeline declined to comment Friday when asked if the company would voluntarily pause construction.

Archambault told reporters the day was a rollercoaster of emotion, first hearing the judge's ruling and then what he called the "earth-shaking" statement from the agencies, who he complimented for having the "courage to step up and do what's right by indigenous people."

In denying the tribe's request for an injunction, Judge Boasberg wrote that the corps has likely complied with the National Historic Preservation Act and the tribe has not shown it will suffer injury that would be prevented by any injunction the court could issue.

Boasberg wrote "the Corps has documented dozens of attempts it made to consult with the Standing Rock Sioux from the fall of 2014 through the spring of 2016" on Dakota Access permitting. Boasberg also noted instances where tribal leaders withdrew from meetings or didn't respond to opportunities to provide input in a timely manner.

In his ruling, Boasberg noted the "contentious and tragic" relationship between the United States and Native American tribes.

"Aware of the indignities visited upon the tribe over the last centuries, the court scrutinizes the permitting process here with particular care," Boasberg wrote. "Having done so, the court must nonetheless conclude that the tribe has not demonstrated that an injunction is warranted here."

ADVERTISEMENT

Boasberg also noted in his ruling that the Dakota Access Pipeline would run parallel to an existing natural gas pipeline, utilize the less invasive technique of horizontal directional drilling and be buried at a depth that is unlikely to damage cultural resources.

Larger issues

The three federal agencies said in a joint statement they appreciate the court's opinion, but the tribe's lawsuit raised larger issues related to infrastructure decision-making that need to be addressed.

The agencies called for "a serious discussion on whether there should be nationwide reform" on considering tribes' views on infrastructure projects.

The agencies said they will invite tribes this fall to formal, government-to-government consultations to discuss what the federal government should do to better ensure meaningful tribal input and whether new legislation should be proposed to Congress.

"Those decision makers in those departments are what's needed in this country so that we start to realize what the wrongs are and how do we work at making them right," Archambault said.

Bobbi Three Legs, a 24-year-old from Wakpala on the South Dakota side of the Standing Rock reservation and one of dozens of youth runners who made a symbolic run to the state Capitol, had the honor of breaking the news to the protesters about the federal agencies pausing work under the Missouri River.

"So we won! We won! We won!" she yelled, the rain-soaked crowd erupting in cheers and hollers.

ADVERTISEMENT

About 50 law enforcement officers in riot gear formed a line between protesters and the Capitol, with a line of orange cones placed between the two groups acting as a do-not-cross line.

Archambault urged those gathered to remain peaceful and calm, noting that they still have work to do.

"Our message is heard, and it's going to go a long way," Archambault said.

North Dakota Gov. Jack Dalrymple activated the North Dakota National Guard Thursday in anticipation of the ruling. About a dozen Guard members are manning a checkpoint on State Highway 1806 to free up law enforcement to have a visible presence north of the reservation, where self-described "water protectors" have been camping since April.

Morton County Commission Chairman Cody Schulz said in a statement Friday he hopes the efforts of pipeline protesters shift to looking for a judicial or legislative solution.

"We are now asking all protesters to respect the rule of law and the right for all citizens to live and travel in peace," Schulz said.

The $3.8 billion pipeline will carry 450,000 barrels of crude oil each day from North Dakota to Illinois. The nearly 1,200-mile pipeline is more than 40 percent complete and scheduled to be in service by the end of the year.

The tribe sued the corps over its permit for the Missouri River crossing, arguing the federal agency failed to properly consult the tribe. Tribal leaders say the pipeline will destroy sacred sites and threatens the reservation's water supply.

ADVERTISEMENT

The corps argued in court records it "followed a robust tribal consultation process" and said Standing Rock withdrew from a scheduled site visit of the proposed Lake Oahe crossing, a dammed section of the Missouri River.

Mixed reaction

Julie Fedorchak, chairwoman of the North Dakota Public Service Commission, which approved the Dakota Access Pipeline, said she was confused by the federal agencies' statement and wants to know more about the process the Corps is using to pause construction.

"From a regulatory standpoint, I think it's really important to have certainty and clarity in the process for all sides so everybody knows what is the standard of review here," Fedorchak said. "It almost sounds like they're changing the rules in the middle of the process."

North Dakota Petroleum Council President Ron Ness said in a statement Friday the industry group is pleased with the judge's ruling but disappointed with the federal agencies' decision to postpone construction.

"This project is critical to our nation's energy future and is in the best interest of the state and nation," said Ness, calling the decision "yet another flagrant overreach by federal government."

The Laborers District Council of Minnesota and North Dakota said in a statement it was "disappointed and deeply disturbed" by the decision to halt construction.

"In addition to creating some 12,000 high-quality union construction jobs, Dakota Access will significantly alleviate over-reliance on rail shipments of crude oil which is contributing to rail congestion and unnecessary public safety and environmental risks," the labor union said.

ADVERTISEMENT

Sen. Heidi Heitkamp, D-N.D., said it's disappointing that Friday's ruling and the administration decision "brought more questions than answers."

"For our state's close-knit communities, this prolonged lack of certainty is particularly painful, and I'll press the Administration and various agencies for the finality they deserve," Heitkamp said.

Sen. John Hoeven, R-N.D., said the corps, the company and the tribe need to work together to find a solution.

"We also need to understand what the administration intends to do and how it plans to arrive at a timely resolution. And finally, as we've said all along, any protests need to be safe, respectful and within the law," Hoeven said.

U.S. Rep. Kevin Cramer, R-N.D., said if the Obama administration intended to intervene all along, "they should have said so before the events of the last several weeks."

"They could have spared a lot of heartache and cost," Cramer said. "Their decision today does nothing to ensure certainty or calm, but rather adds further confusion."

ADVERTISEMENT

What To Read Next
Get Local

ADVERTISEMENT