U.S. Department of the Interior,  in effect, temporarily halts all construction

Our Brothers and Sisters are Now needed at home in Washington State, against our Religious Discrimination regarding our Sacred Wildlife after their recent Cease Victory!

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.

“This Court does not lightly countenance any depredation of lands that hold significance to the Standing Rock Sioux,” Boasberg concluded at the end of a 58-page ruling. “Aware of the indignities visited upon the Tribe over the last centuries, 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. The Court, therefore, will issue a contemporaneous Order denying the Plaintiffs’ Motion for Preliminary Injunction.”

The judge acknowledged the complexity of the case at several points in his decision, which was based on how federal law, consultation and permitting all come to affect lands of varying levels of legally-defined historic significance.

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 agencies outlined several steps to address the issues raised by the Standing Rock Sioux in its July 27 lawsuit against the U.S. Army Corps of Engineers’ approval of the $3.8 billion, 1,172-mile-long pipeline.

“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. 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.”

Standing Rock had sued the Corps on July 27 alleging violations of several federal laws, including the Clean Water Act, the National Historic Protection Act and the National Environmental Policy Act (NEPA), in its approval of the permits.

Standing Rock Sioux Chairman David Archambault II, scheduled to shortly about the decision, said earlier in the day that continued nonviolent resistance at the prayer camps was a win in itself.

“Regardless of the court’s decision today, we are winning the spiritual battle,” said Standing Rock Sioux Chairman David Archambault II in a statement. “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.”

In its closing paragraph, the statement by Interior, Justice and ACOE called for a calm and peaceful resolution.  “Finally, we fully support the rights of all Americans to assemble and speak freely,” the statement said. “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.”

Source: Moments After Judge Denies DAPL Injunction, Federal Agencies Intervene – ICTMN.com