abcnews: Controversial Dakota Access Pipeline Case Back in Court

[ColemanMaskell]

Controversial Dakota Access Pipeline Case Back in Court
By CATHERINE THORBECKE
Oct 5, 2016, 4:37 PM ET
http://abcnews.go.com/US/controversial-dakota-access-pipeline-case-back-court/story?id=42585486

Judge Grants Partial Stop on North Dakota Pipeline Work

The saga over a $3.7 billion crude oil pipeline that has pitted Native American groups against big oil was back in court today.

At stake is whether the Dakota Access Pipeline will be allowed to traverse what many Native American groups say are sacred ancestral lands.

The case has garnered national attention and hundreds of people are still camped out in protest of the pipeline near the Standing Rock Sioux Tribe's reservation in North Dakota.

The tribe and the pipeline company are awaiting a ruling, which could come as early as this afternoon, from the U.S. Court of Appeals for the D.C. Circuit, which oversaw the appeal being heard today to seek a temporary restraining order against the pipeline's construction.

Today's hearing is part of a legal battle that has continued for months. In the process, it has united Native American groups and environmental activists from across the country, growing into one of the biggest Native American demonstrations in decades.

Even President Obama weighed in on the movement last week at the White House Tribal Nations Conference, telling a crowd featuring more than 500 Native American leaders, “I know many of you have come together, across tribes and across the country, to support the community at Standing Rock and together you’re making your voices heard.”

The fight to block the pipeline began in July, when the Standing Rock Sioux Tribe sued to block the pipeline, arguing they were never meaningfully consulted before construction began. The tribe added that the pipeline ran through what they deemed to be culturally sacred sites and presented a danger to the reservation's water supply.

The pipeline company and the Corps argued in court documents that they followed a standard review process.

The CEO of Energy Transfer, the Texas-based company building the pipeline, denied the tribe's allegations in an internal memo to staff, previously provided to ABC News by the company when asked for comment on the issue last month.

Energy Transfer CEO Kelcy Warren wrote that "concerns about the pipeline’s impact on the local water supply are unfounded," and that "multiple archaeological studies conducted with state historic preservation offices found no sacred items along the route."

Energy Transfer did not immediately respond to ABC News' request today for further comment.

A federal judge denied the tribe's request to temporarily halt construction of the pipeline last month, but the Department of Justice, Department of the Army, and Department of the Interior intervened in an unprecedented manner with a joint statement requesting "that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe."

Tribal leaders viewed the joint statement from the three federal agencies as a temporary victory, but still appealed the judge's ruling in order to make the request for a "voluntary pause" an enforceable court order, bringing them back to court today.

[ColemanMaskell]

1. see also this update

see also
http://www.1011now.com/content/news/Controversial-Dakota-Access-Pipeline-case-back-in-federal-court-396193941.html

This week, five labor unions sent a letter to President Obama, calling on the administration to allow construction to continue. In the letter, they say the weeks-long halt in construction has caused hardship for thousands of families.

Now, the panel of judges must decide whether or not to keep construction on hold near Lake Oahe.

Gray Television has reached out to attorneys from the Justice Department who are representing the Army Corps of Engineers. They have declined to comment.

At this point, it’s unclear when the appeals court will make their decision. Until that decision is reached, the pipeline company is not allowed to continue construction for 20 miles on either side of the Missouri River at Lake Oahe.

The fight to halt construction of the pipeline began in July, when the Standing Rock Sioux Tribe sued, arguing they were never properly consulted before construction began.

[ColemanMaskell]

2. Out-of-state police commit to helping with Dakota Access pipeline protests

Out-of-state police commit to helping with Dakota Access pipeline protests

By Mike Nowatzki Today at 5:38 p.m.
http://www.inforum.com/news/north-dakota/4130601-dakota-access-pipeline-now-87-percent-complete-nd

. . .
Since protests began Aug. 10, Morton County has received assistance from 268 officers from 24 different counties and cities in North Dakota, not counting the state Highway Patrol, Kirchmeier said.

The federal government’s refusal to provide manpower and financial assistance – despite an estimated 2,000 to 3,000 pipeline opponents from all over the country are camping mostly on federally owned land in southern Morton County – factored into the call for help from other states, Kirchmeier said.
. . .
A federal appeals court has ordered Dakota Access to stop construction within 20 miles of the Missouri River at Lake Oahe to give the court more time to consider the Standing Rock Sioux Tribe’s request for an injunction to halt construction while the tribe’s legal challenge to U.S. Army Corps of Engineers permits plays out. A three-judge appeals court panel in Washington, D.C., heard oral arguments on the request Wednesday but did not issue a ruling.

Kirchmeier noted the construction activities halted by protesters Wednesday and Thursday were outside of the 20-mile exclusion zone.

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Click the link for more details about blocking roads and using riot gear.

[niyad]

3. thank you for the update