JUUstice Washington

A Unitarian Universalist State Action Network

Appeals Court Agrees that Dakota Access Pipeline River Crossing Is Illegal

by Leave a Comment

A federal appeals court has struck another blow against the contested Dakota Access Pipeline.

A three-judge panel on the U.S. District Court of Appeals from the D.C. Circuit agreed Tuesday with a lower court ruling that the pipeline‘s crossing at the Missouri River near the Standing Rock Sioux Reservation is illegal and requires an in-depth environmental review, the Grand Forks Herald reported.

“We are pleased that the D.C. Circuit affirmed the necessity of a full environmental review, and we look forward to showing the U.S. Army Corps of Engineers why this pipeline is too dangerous to operate,” Standing Rock Sioux Tribe Chairman Mike Faith said in an Earthjustice press release.

Read more here.

Court issues mixed ruling on DAPL, letting the pipeline stay open during appeal

by Leave a Comment

A federal appeals court gave Dakota Access a green light Wednesday, Aug. 5, to keep running its pipeline during a long appeals process, granting temporary relief to a North Dakota oil industry that was bracing for the costs of a sudden shutdown.

In a much-anticipated decision, a three-member panel on the D.C. Circuit Court of Appeals put an emergency stay on the immediate shutdown of DAPL, reversing last month’s order by trial court judge James Boasberg that the pipeline stop running by Aug. 5.

The decision came with a significant caveat. The appeals court stated that Dakota Access has so far failed to refute Boasberg’s order for a lengthy environmental review and called on the Army Corps of Engineers to clarify whether the pipeline should be allowed to keep running in violation of environmental law.

Read more here.

Great Plains Tribes Win Important Legal Fight to Protect Tribal Water and Treaty Resources

by Leave a Comment

NCAI Press Release:
The Great Plains Tribal Chairmen’s Association (GPTCA), the Native American Rights Fund (NARF), and the National Congress of American Indians Fund (NCAI Fund) applaud the D.C. District Court’s decision today to vacate the U.S. Army Corps of Engineers’ Lake Oahe easement for the Dakota Access Pipeline, and to require the removal of all oil flowing through the pipeline by August 5, 2020. This decision ensures that the treaty-reserved rights of the plaintiff tribes – the Standing Rock Sioux Tribe, the Cheyenne River Sioux Tribe, the Yankton Sioux Tribe, and the Oglala Sioux Tribe – are adequately addressed, along with any other land and natural resource considerations, in a full-fledged and well-documented environmental review process.
GPTCA, NARF, and NCAI Fund participated in a coalition of Native organizations submitting an amicus brief in support of the plaintiff tribes during the latest proceedings in the D.C. District Court and are encouraged by this outcome. We hope that this decision helps pave the way for full and proper environmental impact studies as well as meaningful consultation with tribal nations that have direct or indirect stewardship over the lands under review. Our organizations will continue to work to ensure that every time tribal lands and resources are at stake, the environmental review processes meet all legal standards and respect the federal government’s trust obligations to tribes set forth in federal laws.
###
About the Great Plains Tribal Chairman’s Association:
Great Plains Tribal Chairman’s Association is made up of the 16 Tribal Chairmen, Presidents, and Chairpersons in the states of North Dakota, South Dakota, and Nebraska. Their purpose is to provide a forum for sharing information on matters of interest to its member Tribes, develop consensus on matters of mutual importance, assist member Tribes in their governmental and programmatic development consistent with their goals for self-determination, and self-sufficiency and provide for effective public relations and education program with non-Indian communities. For more information, please visit http://gptca.net/index.html
About the National Congress of American Indians:
Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit www.ncai.org.
About the Native American Rights Fund:
Founded in 1970, NARF is the oldest and largest non-profit dedicated to asserting and defending the rights of Indian tribes, tribal organizations, and individual Indians nationwide. For the past 50 years, NARF has represented over 275 Tribes in 31 states in such areas as tribal jurisdiction, federal recognition, land claims, hunting and fishing rights, religious liberties, and voting rights. For more information, visit www.narf.org.

‘Historic day’ for Standing Rock as pipeline company told to shut down, remove oil

by Leave a Comment

A federal judge has ordered the Dakota Access Pipeline to shut down and remove all oil within 30 days, a huge win for Standing Rock Sioux Tribe, the Cheyenne River Sioux Tribe, and the other plaintiffs.

In a 24-page order, U.S. District Judge James Boasberg wrote that he was “mindful of the disruption” that shutting down the pipeline would cause, but that it must be done within 30 days. The order comes after Boasberg said in April that a more extensive review was necessary than what the U.S. Army Corps of Engineers had already conducted and that he would consider whether the pipeline would have to be shuttered during the new assessment.

Read more here.

STANDING ROCK SIOUX TRIBE PREVAILS AS FEDERAL JUDGE STRIKES DOWN DAPL PERMITS

by Leave a Comment

Washington, D.C. —

A federal court today granted a request by the Standing Rock Sioux Tribe to strike down federal permits for the controversial Dakota Access Pipeline.

The Court found the U.S. Army Corps of Engineers violated the National Environmental Policy Act when it affirmed federal permits for the pipeline originally issued in 2016. Specifically, the Court found significant unresolved concerns about the potential impacts of oil spills and the likelihood that one could take place.

Read more here.