❝ Shortly after federal Judge James Boasberg denied the Standing Rock Sioux Tribe’s request for an injunction against the Dakota Access oil pipeline, the U.S. Department of the Interior, Department of Justice and Army Corps of Engineers issued a joint statement that, in effect, temporarily halts all construction bordering Lake Oahe on the Missouri.
❝ The tribe had sought an injunction to stop the routing of the Dakota Access oil pipeline underneath the Missouri River, the source of the reservation’s drinking water, on the grounds that the U.S. Army Corps of Engineers had failed to conduct a proper environmental and cultural impact study. While acknowledging that damage had been done to an area sacred to the tribe, Boasberg said that the tribe had not made its case for an injunction…
❝ Shortly after Judge Boasberg’s decision, the three government agencies stepped in, suggesting that a change in process may be in order when it comes to how the courts and federal law view Indian land.
“We appreciate the District Court’s opinion on the U.S. Army Corps of Engineers’ compliance with the National Historic Preservation Act,” the joint announcement stated. “However, important issues raised by the Standing Rock Sioux Tribe and other tribal nations and their members regarding the Dakota Access pipeline specifically, and pipeline-related decision-making generally, remain.”
❝ The agencies called for “serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects.” The statement announced “formal, government-to-government consultations” this fall that would examine what the federal government can do “to ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights,” and whether new legislation was needed to meet the goal of meaningful consultation…
❝ “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 said. “Therefore, construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time…”
❝ Standing Rock Sioux Chairman David Archambault II expressed elation and gratitude.
“Our hearts are full. This an historic day for the Standing Rock Sioux Tribe and for tribes across the nation,” Archambault said in a statement. “Today, three federal agencies announced the significant decision to respect tribal sovereignty and stop construction of the Dakota Access Pipeline on Army Corps land…”
“Our voices have been heard,” said Archambault. “The Obama administration has asked tribes to the table to make sure that we have meaningful consultation on infrastructure projects. Native peoples have suffered generations of broken promises and today the federal government said that national reform is needed to better ensure that tribes have a voice on infrastructure projects like this pipeline…”
Please RTFA. Judge Boasberg’s decision is worth reflection. Even though I believe like too many in the American legal profession he forgets to consider the spirit of laws intended to protect people and their property at a higher priority than corporate wealth and profit.
The full statement from David Archambault 11, Standing Rock Chairman is inclusive and reflects his thanks to all across this nation who support his tribe, Native Americans, and the broader fight against rich and powerful interests.
President Obama’s decision should be recognized as an act of courage. Albeit not one taken frequently enough against the most reactionary elements in American society. I only hope it succeeds in reversing the decades of repression against those fighting for equal rights and authority in this nation – and Native American people in particular.