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Donkees

(31,454 posts)
Fri Sep 9, 2016, 03:12 PM Sep 2016

North Dakota tribe's request to stop work on pipeline Denied By JAMES MacPHERSON Sep. 9, 2016 2:48

Source: Associated Press

NEAR THE STANDING ROCK SIOUX RESERVATION, N.D. (AP) — The Standing Rock Sioux Tribe's attempt to halt construction of the four-state Dakota Access oil pipeline near their North Dakota reservation was denied Friday by a federal judge.

The tribe had challenged the Army Corps of Engineers' decision to grant permits at more than 200 water crossings for Dallas-based Energy Transfer Partners' $3.8 billion pipeline, saying that the project violates several federal laws, including the National Historic Preservation Act, and will harm water supplies. The tribe also says ancient sacred sites have been disturbed.

U.S. District Judge James Boasberg in Washington denied the tribe's request for a temporary injunction in a one-page ruling that included no explanation. It ordered the parties to appear for a status conference on Sept. 16.

Attorney Jan Hasselman with environmental group Earthjustice, who filed the lawsuit in July on behalf of the tribe, said in the days before the ruling that it'll be challenged.

"We will have to pursue our options with an appeal and hope that construction isn't completed while that (appeal) process is going forward," he said. "We will continue to pursue vindication of the tribe's lawful rights even if the pipeline is complete."

Energy Transfer Partners officials didn't return The Associated Press' phone calls or emails seeking comment.



Read more: http://bigstory.ap.org/article/5cd7a7a6276343fd915106fbb777600a/key-ruling-dakota-access-pipeline-due-end-friday?utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP

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Donkees

(31,454 posts)
2. more...
Fri Sep 9, 2016, 03:33 PM
Sep 2016
U.S. District Judge James Boasberg in Washington denied the tribe's request for a temporary injunction in a 58-page opinion. A status conference is scheduled for Sept. 16.

The ruling said that "this Court does not lightly countenance any depredation of lands that hold significance to the Standing Rock Sioux" and that, given the federal government's history with the tribe, "the Court scrutinizes the permitting process here with particular care. Having done so, the Court must nonetheless conclude that the Tribe has not demonstrated that an injunction is warranted here."



[font color="red"size="4"]Tribal historian LaDonna Brave Bull Allard said after the ruling that it gives her "a great amount of grief. My heart is hurting, but we will continue to stand, and we will look for other legal recourses." She also said the protest will continue.[/font]


http://abcnews.go.com/US/wireStory/key-ruling-dakota-access-pipeline-due-end-friday-41967632

misterhighwasted

(9,148 posts)
3. Aww No!
Fri Sep 9, 2016, 03:44 PM
Sep 2016

"Tribe has not demonstrated that an injunction is warranted here"

Yes they did show every reason why the injunction was warranted.
I guess the River is not yet tainted and as for the ancestral grounds already destroyed..oh well.
This is sad & sick.

Donkees

(31,454 posts)
5. more...
Fri Sep 9, 2016, 03:51 PM
Sep 2016
On Thursday, North Dakota's archaeologist said that piece of private land was not previously surveyed by the state would be surveyed next week and that if artifacts are found, pipeline work still could cease.

The company plans to have the pipeline completed this year. In court papers, ETP said stopping the project would cost it $1.4 billion the first year, mostly due to lost revenue in hauling crude.

"Investor appetite for the project could shift and financing may no longer be available," the company said. "Construction of the entire project would cease and the project itself would be jeopardized."

———

This story has been corrected to show that the opinion is 58 pages long, not one page with no explanation.


http://abcnews.go.com/US/wireStory/key-ruling-dakota-access-pipeline-due-end-friday-41967632

Donkees

(31,454 posts)
7. Thank you for this
Fri Sep 9, 2016, 03:54 PM
Sep 2016

JUSTICE NEWS


SHARE
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Friday, September 9, 2016
Joint Statement from the Department of Justice, the Department of the Army and the Department of the Interior Regarding Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers

The Department of Justice, the Department of the Army and the Department of the Interior issued the following statement regarding Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers:

“We appreciate the District Court’s opinion on the U.S. Army Corps of Engineers’ compliance with the National Historic Preservation Act. 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. Therefore, the Department of the Army, the Department of Justice, and the Department of the Interior will take the following steps.

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. Therefore, construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time. 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. In the interim, we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.

“Furthermore, 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 on two questions: (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals.

“Finally, we fully support the rights of all Americans to assemble and speak freely. We urge everyone involved in protest or pipeline activities to adhere to the principles of nonviolence. Of course, anyone who commits violent or destructive acts may face criminal sanctions from federal, tribal, state, or local authorities. The Departments of Justice and the Interior will continue to deploy resources to North Dakota to help state, local, and tribal authorities, and the communities they serve, better communicate, defuse tensions, support peaceful protest, and maintain public safety.

“In recent days, we have seen thousands of demonstrators come together peacefully, with support from scores of sovereign tribal governments, to exercise their First Amendment rights and to voice heartfelt concerns about the environment and historic, sacred sites. It is now incumbent on all of us to develop a path forward that serves the broadest public interest.”

turbinetree

(24,720 posts)
8. --THIS IS WRONG----JUST WRONG---------------
Fri Sep 9, 2016, 04:00 PM
Sep 2016

How convenient the governor of the state calls out the state militia (National Guard) yesterday, (because someone spray paints a bulldozer).
Now this judge basically tells the Lakota and the Cheyenne Sioux and any and ALL other Indigenous People your land, your water, your sacred sites, don't mean a f***ing thing, hey, your burial grounds under the National Historic Preservation Act, that doesn't mean a thing.

So he the judge gives a 58 page ruling, when from the PRESERVATION ACT which is over 25 pages long, what pray tell was missing from this ACT that he did see or read.

But if it was his parents grave site, he and this governor, and everyone from the town 20 miles away would be up in arms, they were so they diverted it, will just put it on the reservation--------------problem solved.
To hell with treaties to hell with everything.

The Manifest Destiny and the Doctrine of Discovery enablers don't need any stinking ACTS or TREATIES, or Laws, or SOVEREIGNTY written in the CONSTITUTION for the Native Americas tribes, nope, nada, zilch, zero, that don't mean a thing.

They have a energy company dictating whats is going on along with the "Army Corp of Engineers" and the enablers of the trade policies in this country that basically say screw everyone, they are more important than water and sacred land or land.

And if anyone had any sense on what is happening in this country from the economic, social infrastructure of this country look no further on how the Federal Government treats the Indigenous People.

Because how they treat the Indigenous People is how they are treating you (citizens) from the inner cities out into the countryside, this is a plain fact, it is right out in the open, look at what they are doing on the reservations, and how that imitates out into this country in general, it is right there.

Where in the hell is Obama and Senator Hietkamp?


http://saige.org/words/wp-content/uploads/2013/06/NATIVE-AMERICAN-GRAVES-PROTECTION-AND-REPATRIATION-ACT-saige-2013.pdf


Please Donate to the following, this ruling is JUST WRONG

standingrock.org

earthjustice.org

Donkees

(31,454 posts)
10. The story was corrected to show 58 page decision, and LuLu KC included news...please read LuLu's
Fri Sep 9, 2016, 04:06 PM
Sep 2016

post...

turbinetree

(24,720 posts)
13. Just finished reading the joint statement, was writing my rant when it was posted
Fri Sep 9, 2016, 04:11 PM
Sep 2016

still do not see or understand how a federal judge ruled under this ACT, which is pretty explicit about protecting the scared land and artifacts

But

Wado to you and to all of those that are protesting on site and to all that are donating to fight this senseless act of greed

Donkees

(31,454 posts)
15. Earlier today, I posted this video statement from Chairman Archambault II
Fri Sep 9, 2016, 04:17 PM
Sep 2016
https://www.facebook.com/402298239798452/videos/1362378413790425/?hc_ref=NEWSFEED

Statement for Chairman Archambault II
"Regardless of the court's decision today, we are winning the spiritual battle. We must continue to have faith and believe in the strength of our prayers and not do anything in violence. We must believe in the creator and good things will come. We will continue to stand united and peaceful in our opposition to the pipeline."







dicksmc3

(262 posts)
9. Obama the TRAITOR!!
Fri Sep 9, 2016, 04:05 PM
Sep 2016

This judge was appointed by Obama in 2011. Obama denied the Keystone XL Pipeline and by all means should have denied the construction of this pipeline crossing the real AMERICANS land. The Obama administration prides itself on the environmental things they have done. This action should not have happened in the first place. Obama you have betrayed the TRUE AMERICANS!! This is a disgrace for your legacy and if the TPP goes thru you will be considered a TURNCOAT as well as A TRAITOR!! Give me back my money and time I spent on your election and re-election!!

yallerdawg

(16,104 posts)
12. The Obama Administration weighs in.
Fri Sep 9, 2016, 04:08 PM
Sep 2016
https://www.justice.gov/opa/pr/joint-statement-department-justice-department-army-and-department-interior-regarding-standing

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. Therefore, construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time. 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. In the interim, we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.

“Furthermore, 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 on two questions: (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals.

“Finally, we fully support the rights of all Americans to assemble and speak freely. We urge everyone involved in protest or pipeline activities to adhere to the principles of nonviolence. Of course, anyone who commits violent or destructive acts may face criminal sanctions from federal, tribal, state, or local authorities. The Departments of Justice and the Interior will continue to deploy resources to North Dakota to help state, local, and tribal authorities, and the communities they serve, better communicate, defuse tensions, support peaceful protest, and maintain public safety.

Sunlei

(22,651 posts)
11. Once the Corp. has their Federal Government permits done, it's impossible to win in the courts.
Fri Sep 9, 2016, 04:07 PM
Sep 2016

A license to tear everything up and only arrests and federal charges if one obstructs them. Army Corps of Engineers' should not have granted permits.

turbinetree

(24,720 posts)
16. The Army Corp circumvented the ACT which the lawsuit was filed months ago
Fri Sep 9, 2016, 04:19 PM
Sep 2016

they knew this ACT was in place, they are not stupid and if they knew this ACT was in place they would have obeyed the rules of the ACT and denied that access, just like on Keystone.
But the Army Corp has been in bed with corporations for years, that is a simple fact, and during these "confirmation hearings" the first question that should be presented:

Are you going to enforce this ACT, TREATIES of the Sovereignty Nations of the tribes in this country under the Constitution?

And the minute they break any of that they are fired

I want to know where Heitkamp is on this issue, she has not said one word, not one that I have seen

Sunlei

(22,651 posts)
18. I know, our DOI and that "permit granting" good old boys gang are in bed with Corps.
Fri Sep 9, 2016, 04:25 PM
Sep 2016
100 years from now all our public lands and tribal lands will be fracked up, over cattle/sheep grazed wildffire waterless deserts.

turbinetree

(24,720 posts)
19. You are so correct on what you said--------------------
Fri Sep 9, 2016, 04:47 PM
Sep 2016

and then to those that are standing around enabling the enablers, will look to blame, when they should have been the one looking in the mirror, just amazing, they only see greed as the end result and it has been this way for a very long time. Keystone and the DAPL highlights what has been happening to the great lakes and the the land for years, and while its going on the MSM only reports when something bad happens, no public discourse


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