In 2014 Energy Transfer Partners and Dakota Access announced plans for a 1,168 mile long oil pipeline that would carry crude oil from the Bakken oil fields in North Dakota to Illinois (via South Dakota and Iowa) where it will link with another pipeline that will transport the oil to terminals and refineries along the Gulf of Mexico. The company also claims that some of the crude oil may be loaded onto rail cars for shipment to the east coast.
Dakota Access has received permits from the Public Utilities Boards in all 4 states, and has used eminent domain in some places to take easements if landowners do not voluntarily grant them. In many states, landowners, tribes and environmentalists continue to push back against this project to try and require environmental review, studies or archeological studies with limited success. In July 2016, the final permit from the Army Corps of Engineers was issued for Dakota Access after Nationwide Permit 12 was used to segment the pipeline into individual projects allowing for a fast track approval without adequate environmental review or public input. Their review ignored the fact that tribes have stated that the surveys conducted on the pipeline route were deeply flawed and inadequate. And furthermore, three other federal agencies all sent letters to the Corps, asking it to adhere to federal policy of consultation, raising environmental justice concerns. Then, just yesterday, Canadian pipeline giant Enbridge announced that, along with Marathon Petroleum, it will make a significant investment in the Dakota Access pipeline.
Construction has started in several places, including along the Missouri River just upstream from the Standing Rock Sioux's drinking water supply. They have set up a resistance camp just across the river from the construction site and the tribe has also sued (represented by Earthjustice) the Army Corps of Engineers for violations under the National Historic Preservation Act and for threatening their livelihoods, sacred sites, and water. The Standing Rock Sioux have led a national campaign to draw attention to the pipeline, which crosses the Missouri River less than a mile upstream of the Tribe’s reservation, imperiling its drinking water supplied and destroying sacred sites. The tribe has launched an international campaign, called “Rezpect our Water”, asking the Army Corps to deny the key permits for the pipeline.
Standing Rock Sioux Tribe Legal Battle ( Inyan Bosdata )
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Standing Rock News page (these videos will be listed on this page, eventually) - this lists the documents from Standing Rock that they have put out opposing the Dakota Access Pipeline http://standingrock.org/news/
VERY IMPORTANT: (about destruction of DAPL on 9/3/16) 9/3/16 (Pub. 9/17/16) Tim Mentz explains Sept. 2nd legal amended filing, what he found the previous week, and what was destroyed on Sept. 3rd - updated video includes additional information about intellectual property rights . Coupstick of Strong Heart Society destroyed (very rare), and two stone rings and three half-rings were here, some destroyed "Today.... (they) totally destroyed one part of our society's walk of life...." 9:26 https://www.youtube.com/watch?v=w6NapCXUjU0
12/4/16 GAMECHANGER? ***Very Important to share to everyone. Watch and know this.*** In 1958, Public Law 85-915 was passed by the U.S. Congress, compensating the Standing Rock Sioux for tribal land flooded ten years prior to form Lake Oahe. Rights to all minerals below the lake were reserved for the tribe. Because of this no corporate or government entity has a right to dig beneath the lake without permission of the tribe and is breaking the law in attempting it. The Army Corps jurisdiction is in the operation of the reservoir. This is a modern piece of legislation and re-affirmed in 1992, and referred to again in a stipulated settlement in 2012. - Lee Sprague https://www.facebook.com/lee.sprague.35/posts/10155043658024101 12/4/16 New legal key to ending sr legal dispute - bruce bagnoli 47::24 Two Northern California attorneys, Larry Bragman and Ford Greene, report on a visit to the Water Protectors' protest camp, describing their finding that the Standing Rock Sioux tribe legally owns all mineral rights to the land beneath Lake Oahe. In 1958, Public Law 85-915 was passed by the U.S. Congress, compensating the Standing Rock Sioux for tribal land flooded ten years prior to form Lake Oahe. Rights to all minerals below the lake were reserved for the tribe. Because of this, no corporate or government entity has a right to dig beneath the lake without permission of the tribe and is breaking the law in attempting it. ---A Marinations Special Report Produced by Bruce Bagnoli and Sharon Skolnick-Bagnoli https://www.youtube.com/watch?v=pUHQQbBYaIM
1/18/17 Four major #NoDAPL legal developments, as clashes continue - Honor the Earth 1) This afternoon, US District Court Judge James Boesberg denied Dakota Access Pipeline (DAPL) attorneys’ request for a Temporary Restraining Order, which sought to block publication in the Federal Register of the Army Corps’ Notice of Intent for an Environmental Impact Statement (EIS) on the Lake Oahe crossing. 2) This morning, the Army Corps of Engineers officially published a notice of intent in the federal register to prepare a partial EIS. 3) Also today, The US Circuit Court of Appeals dismissed the Standing Rock Sioux Tribe’s appeal of the September, 2016 US District Court decision to deny their request for a preliminary injunction that would have stopped construction of the Dakota Access Pipeline in order to protect a concentration of sacred archaeological sites. The appeal was dismissed as moot because the majority of the construction has already been completed on the sites in question. 4) The ND Supreme Court ruled today to partially grant a petition allowing non-North Dakota licensed lawyers to more easily represent the more than 600 water protectors facing criminal charges. http://www.honorearth.org/eisplus3
2/4/17 SRST's statement of integrity and unity to water protectors - Bits: We cannot let media divide us... We want to stress that we are cleaning the camps, not clearing them. We do not support or endorse any “raids.” We have not asked for law enforcement to assist in clearing camps and in fact have repeatedly told them there will be no forcible removal..... We have never stopped fighting the pipeline. There have never been any negotiations. .....We cannot fall into the traps of divide and conquer—that is how we lost so much before, and Standing Rock will not let that happen again. .....Together we rise......We ask our allies to be grounded in prayer in all that you do. We will prevail. https://www.facebook.com/permalink.php?story_fbid=1531122143582717&id=402298239798452
2/22/17 (pub. 2/25/17) NAVAJO NATION JOINS EFFORT AGAINST THE EASEMENT GRANTED FOR THE DAKOTA ACCESS PIPELINE - NNO On Wednesday, February 22, 2017, the Navajo Nation filed an amicus brief in the United States District Court for the District of Columbia with 34 Federally Recognized Indian Tribes against the Lake Oahe Easement for the Dakota Access Pipeline granted by the U.S. Army Corps of Engineers.The federal government is required to be held accountable in its trust responsibility to the Standing Rock Sioux Tribe. “THE FEDERAL GOVERNMENT MUST BE HELD ACCOUNTABLE FOR ITS TREATY OBLIGATION AND IN GOOD FAITH MUST UPHOLDS NATION-TO-NATION RELATIONSHIP WITH ALL TRIBES, INCLUDING THE NAVAJO NATION,” COMMENTED NAVAJO NATION PRESIDENT RUSSELL BEGAYE. “WE EXPECT NOTHING LESS.”In granting of the Lake Oahe Easement, the U.S. Army Corps violated fundamental trust duties http://nativenewsonline.net/currents/navajo-nation-joins-effort-easement-granted-dakota-access-pipeline/
3/14/17 Standing Rock Legal Update - Zora Costich https://www.facebook.com/zcostich/posts/10155101222560879 ***STANDING ROCK LEGAL UPDATE*** (these are only excerpts) Cheyenne River Sioux Tribe vs. USACE 3/10/17 - MOTION FOR AN INJUNCTION PENDING APPEAL UNDER FED. R. CIV. P. 62(C) filed by CRST "The Tribe seeks an injunction pending appeal requesting that this Court prevent the flow of oil through the Dakota Access Pipeline, which would result in the ultimate harm to Tribal members’ free exercise of religion. In the alternative, if the Court is not inclined to grant an injunction pending appeal, the Tribe seeks an injunction until the D.C. Circuit rules on the emergency motion for an injunction pending appeal that the Tribe will file, if needed." 3/13/17 - DAPL STATUS from Status Report filed "The company has almost completed reaming the hole—i.e., making it larger, in order to accept the pipe and is taking final passes this week that will occur just before the pipe is pulled through the hole. The company anticipates pulling the pipe through this week and then commencing final testing. As a result, Dakota Access projects that oil may be introduced in this part of the line between Monday, March 20, 2017 and Wednesday, March 22, 2017, depending upon the success of the testing. Dakota Access will file its next status report on March 20, 2017." 3/13/17 - MINUTE ORDER: "Given that the Court denied the CRST's Motion for Preliminary Injunction on grounds unrelated to standing, the COURT ORDERS THAT THOSE INDIVIDUALS WHO HAVE SOUGHT TO INTERVENE AS PLAINTIFFS, see ECF Nos. 111, 145, SHALL FILE A NOTICE BY March 20, 2017, indicating whether they still wish to intervene and, if so, why their claims are not sufficiently represented by the existing Plaintiffs. Defendants may respond to such Notice by March 27, 2017, indicating their position on intervention." Signed by Judge James E. Boasberg on 3/13/2017 3/14/17 - DAPL RESPONSE "The free exercise of religion is indisputably important to the functioning of a free society. Like all important rights, however, it should not be held back only for use as part of a last-gasp litigation tactic. For the reasons stated above and in the earlier briefing, the motion for a stay pending appeal should be denied, and the Court should reject the alternative request for an injunction until the D.C. Circuit rules on a yet-to-be-filed motion in that Court" 3/14/17 - ORDER denying 165 Motion for an Injunction Pending Appeal. Signed by Judge James E. Boasberg on 3/14/2017.
3/29/17 Standing Rock Legal Update - Zora Costich https://www.facebook.com/zcostich/posts/10155146920240879 ****STANDING ROCK LEGAL UPDATE*** you see what they're doing? they're willing to sacrifice themselves for Trump. sure, bring more suits against us, but leave Trump out of it. they know that is where we have our best chance to fully win. Trump had NOLEGAL RIGHT to push through DAPL and now KXL. "On Mar. 21, Sara Juanita Jumping Eagle and other members of theStandingRock Sioux Tribe, the Cheyenne River Sioux Tribe and others asked to be allowed to intervene in the two tribes’ suit challenging the pipeline in order to file a complaint naming Dakota Access LLC, the Corps and Trump, alleging that the president illegally directed the federal government to approve the pipeline for business reasons. The Corps said Monday that the intervention bid comes too late and that the claims for damages against Trump “create an additional layer of complexity that is likely to cause undue delay and therefore prejudice the existing parties,” particularly since Trump as president has “unique personal defenses available to him.” If the group is allowed to intervene, the court should only do so on the condition that Trump be let out of the case, the Corps said." Sioux Can't Step Into Dakota Pipeline Row, Army Corps Says - Law360 The U.S. Army Corps urged a D.C. federal judge Monday not to allow a group of Sioux tribe members… LAW360.COM 4/11/17 Standing Rock Legal Update - Zora Costich https://www.facebook.com/zcostich/posts/10155191132145879 ***STANDING ROCK LEGAL UPDATE*** because we are NOT the terrorists. judge mostly rejects DAPL request to shield information on the safety of the pipeline, citing possible use by terrorists.