Immediately following Friday’s denial by federal judge of a Native American Indian tribe’s injunction effort, the Departments of Justice, the Interior and the Army ordered a a company to halt Dakota Pipeline construction to stop a Dallas-based energy company from building a four-state, $3.8 billion oil pipeline.
“As many of you know, the way the Native Americans were treated was tragic. One of the priorities I’ve had as President is restoring an honest, generous, and respectful relationship with Native American tribes,” said President Obama in response to a question asked in solidarity with indigenous people during his recent trip to Laos. “This issue of ancestral lands and helping them preserve their way of life is something we have worked very hard on.”
The administration said concerns raised by the Standing Rock Sioux tribe require a reconsideration of previous decisions regarding the site, including the one that was just handed down.
“The Army will move expeditiously to make this determination, as everyone involved – including the pipeline company and its workers – deserves a clear and timely resolution,” the Department of Justice penned in an official statement. “In the interim, we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.”
The refusal handed down in a 58-page opinion by U.S. District Court Judge James Boasberg ruled that the Standing Rock Sioux tribe “had not presented enough evidence that the pipeline would cause irreparable harm to the tribe that the Court could prevent.”
“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.”
The Obama administration unexpectedly intervened to revoke authorization while reconsidering whether the construction around Lake Oahe violates federal laws.
“This federal statement is a game changer for the Tribe and we are acting immediately on our legal options, including filing an appeal and a temporary injunction to force DAPL to stop construction,” the tribe said in a statement.
Dallas-based Energy Transfer Partners CEO Kelcy Warren warned of the stifling effect the confusing regulatory process could have on future infrastructure development. Federal law apparently supersedes those concerns. In partial acknowledgement of the painful history of colonial land grabs, federal law accords certain rights to Native groups. Since 1992, the right to be consulted assures that federal agencies approving construction must consult with local Native nations or tribes about the existence of sacred sites nearby.
“This case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects. Therefore, this fall, we will invite tribes to formal, government-to-government consultations,” read the joint statement issued by the Justice, Army and Interior departments.
