{"id":10206,"date":"2020-07-09T01:32:42","date_gmt":"2020-07-09T06:32:42","guid":{"rendered":"https:\/\/unitedresourceconnection.org\/cannon-ball-nd-58528\/dakota-access-pipeline-shutdown-order\/"},"modified":"2020-07-09T01:32:43","modified_gmt":"2020-07-09T06:32:43","slug":"dakota-access-pipeline-shutdown-order","status":"publish","type":"post","link":"https:\/\/unitedresourceconnection.org\/cannon-ball-nd-58528\/dakota-access-pipeline-shutdown-order\/","title":{"rendered":"Dakota Access Pipeline shutdown order"},"content":{"rendered":"
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Leaders thank grassroots water protectors, like Stevana Salazar<\/strong> (Kickapoo) and Arlo Standing Bear<\/strong>, (Oglala Lakota), pictured at Sacred Stone Camp, Aug. 26, 2016.
Photo by Terray Sylvester for VWPics via Redux, COURTESY \/ Earthjustice<\/p>\n<\/div>\n

YATES, N. D.\u2014 Tribal leaders and constituents across Lakota Territory and elsewhere welcomed a hard-won court order on July 6 to shut off the oil flow in the Dakota Access Pipeline (DAPL) within 30 days.<\/p>\n

\u201cToday is a historic day for the Standing Rock Sioux Tribe and the many people who have supported us in the fight against the pipeline,\u201d said Mike Faith, chair of the tribe headquartered at Ft. Yates. \u201cThis pipeline should have never been built here. We told them that from the beginning.\u201d<\/p>\n

His tribe, followed by the Cheyenne River, Yankton, and Oglala Sioux tribes, sued the U.S. Army Corps of Engineers for breaking federal laws and glossing over the devastating consequences of a potential oil spill in the Missouri River\u2019s Oahe Reservoir when permitting the pipeline crossing upstream from drinking water supply intakes here in 2016.<\/p>\n

Chair Harold Frazier of the Cheyenne River Sioux Tribe, applauded the decision of U.S. District of Columbia Judge James Boasberg \u201cin finding what we knew all along, that this pipeline, like many other actions taken by the U.S. government, is in fact illegally operating.\u201d<\/p>\n

Frazier recalled the world-renowned 2016-2017 mass mobilization against the pipeline in which grassroots resisters and leaders of all Seven Council Fires of the Great Sioux Nation, or Oceti Sakowin, established camps at Standing Rock to support of the tribal governments\u2019 lawsuits.<\/p>\n

\u201cIt has been six years since the Dakota Access Pipeline began slithering a path through our treaty territory,\u201d he said. \u201cIn 2016 water protectors stood up to the dangers that have threatened this land of which we are all a part. Today, the U.S. District Court ordered that the snake of oil moving through our territory cease\u2026.\u201d<\/p>\n

The Great Plains Tribal Chairmen\u2019s Association (GPTCA), the Native American Rights Fund (NARF), and the National Congress of American Indians Fund (NCAI Fund) stressed, \u201cThe decision ensures that the treaty-reserved rights of the plaintiff tribes \u2013 the Standing Rock Sioux Tribe, the Cheyenne River Sioux Tribe, the Yankton Sioux Tribe, and the Oglala Sioux Tribe \u2013 are adequately addressed, along with any other land and natural resource considerations, in a full-fledged and well-documented environmental review process.<\/p>\n

GPTCA, NARF, and NCAI Fund, which took part in submitting an amicus brief in the latest proceedings in the case, said they are \u201cencouraged by this outcome,\u201d adding, \u201cWe 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.<\/p>\n

\u201cOur 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\u2019s trust obligations to tribes set forth in federal laws,\u201d they said.<\/p>\n

Boasberg ordered the shutdown to last at least until a proper consultation with tribes and an environmental impact statement with public participation are completed, as required by the National Environmental Protection Act, NEPA. The process has an estimated duration of at least three years.<\/p>\n

That means \u201cIt may be up to a new administration to make final permitting decisions,\u201d said Earthjustice, a law firm that represented plaintiffs.<\/p>\n

Boasberg ordered the Corps to re-examine the risks of the pipeline and prepare a full environmental impact statement on March 25 but left open the question of stopping the flow until now.<\/p>\n

\u201cFearing severe environmental consequences, American Indian tribes on nearby reservations have sought for several years to invalidate federal permits allowing the Dakota Access Pipeline to carry oil under the lake,\u201d the judge said. \u201cToday they finally achieve that goal \u2014 at least for the time being.\u201d<\/p>\n

Dakota Access LLC, representing pipeline parent company Energy Transfer Partners, intervened on the side of the Corps of Engineers, arguing a shutdown would \u201cpose an existential threat to DAPL\u201d due to \u201cmassive\u201d revenue loss. It said DAPL could lose as much as $643 million in the second half of 2020 and $1.4 billion in 2021 if the oil flow is halted.<\/p>\n

\u201cThere is no viable pipeline alternative for transporting the 570,000 barrels of Bakken crude that DAPL is capable of carrying each day,\u201d and railroads do not have the capacity \u201cto fill the breach,\u201d Dakota Access LLC states.<\/p>\n

The company was in the process of applying for a permit to double the volume permitted on the line when the court order came down.<\/p>\n

The court \u201cdoes not take lightly the serious effects that a DAPL shutdown could have for many states, companies, and workers,\u201d it states. \u201cLosing jobs and revenue, particularly in a highly uncertain economic environment, is no small burden. Ultimately, however, these effects do not tip the scales,\u201d it says.<\/p>\n

\u201cWhen it comes to NEPA, it is better to ask for permission than forgiveness,\u201d in Boasberg\u2019s opinion, which notes: \u201cIf you can build first and consider environmental consequences later, NEPA\u2019s action-forcing purpose loses its bite.\u201d<\/p>\n

The ruling adds that Dakota Access LLC arguments strictly emphasize \u201cits own interests and those of the industry,\u201d with no evidence the public would be harmed. \u201cThe seriousness of the Corps\u2019 deficiencies outweighs the negative effects of halting the oil flow,\u201d Boasberg concluded.<\/p>\n

Chair Frazier responded, \u201cThe fact that this operation had been operating illegally for three years before this conclusion was finally made shows you the power that money holds on the American government.<\/p>\n

\u201cIt is time to put people before profit and seriously consider the impact of not only this project but the harm that this project brings to our land and planet.\u201d<\/p>\n

Frazier recognized the importance of grassroots support that thousands of people gave the tribal government lawsuits. \u201cIt is with extreme gratitude that I acknowledge the work, sacrifice and perseverance of every water protector involved in this fight,\u201d he said.<\/p>\n

\u201cWe must never give up in our struggles and need to follow the examples that our past naca (chiefs) and leaders have given us. We need to unite and continue to protect our way of life for the future of our people.\u201d<\/p>\n

Concluding a written statement datelined at his Eagle Butte headquarters, the chairman signed off with the Lakota rallying cry carried since the standoff at Standing Rock: \u201cMni wiconi! (Water is life!)\u201d<\/p>\n

Cheyenne River Sioux tribal member Joye Brown, an organizer for Indigenous Environmental Network who was among the first resistance supporters at the camps inaugurated on April 1, 1916, rejoiced with the same rallying cry.<\/p>\n

\u201cThis is your win, water protectors!\u201d she said. \u201cI couldn\u2019t be any more proud of every single one of you!\u201d She counseled to \u201cEnjoy the win!\u201d and warned that other pipelines, such as the proposed Keystone XL Pipeline, will be shut down, too.<\/p>\n

\u00a0<\/p>\n

(Contact Talli Nauman at talli.nauman@gmail.com<\/a>)<\/p>\n

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Visit Original Source<\/a><\/p>","protected":false},"excerpt":{"rendered":"

<\/span><\/div>

Leaders thank grassroots water protectors, like Stevana Salazar (Kickapoo) and Arlo Standing Bear, (Oglala Lakota), pictured at Sacred Stone Camp, Aug. 26, 2016.Photo by Terray Sylvester for VWPics via Redux, COURTESY \/ Earthjustice YATES, N. D.\u2014 Tribal leaders and constituents across Lakota Territory and elsewhere welcomed a hard-won court order <\/p>\n

Read More<\/a>
Shared by Native Sun News Today<\/a> July 9, 2020<\/p>\n

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