The two largest tribal nations, Navajo Nation and Cherokee Nation took action Aug. 23 to support the Standing Rock Sioux Tribe (SRST) in its opposition against the Dakota Access Pipeline (“DAPL”).
WINDOW ROCK, Aug. 23 — Navajo Nation President Russell Begaye and Vice President Jonathan Nez issued a letter today supporting the Standing Rock Sioux Tribe in their opposition to the Dakota Access Pipeline. ...[...]… see more
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, STANDING ROCK SIOUX TRIBE Plaintiff, v. U.S. ARMY CORPS OF ENGINEERS Defendant. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF:
Case 1:16-cv-01534 Document 1 Filed 07/27/16 Page 1 of 48
This is a complaint for declaratory and injunctive relief. The Standing Rock Sioux Tribe (“Tribe”) brings this action in connection with federal actions relating to the Dakota Access Pipeline (“DAPL”), a 1,168-mile-long crude oil pipeline running from North Dakota to Illinois. The Tribe, a federally recognized American Indian Tribe with a reservation in North Dakota and South Dakota, brings this case because defendant U.S. Army Corps of Engineers (“Corps”) has taken actions in violation of multiple federal statutes that authorize the pipeline’s construction and operation.
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Respectfully submitted this 27th day of July, 2016. /s/ Patti A. Goldman; Patti A. Goldman, Jan E. Hasselman, Stephanie Tsosie, Earthjustice 705 Second Avenue, Suite 203, Seattle, WA 98104 Attorneys for Plaintiff
Fort Yates, ND, Aug. 23 (Mark K Tilsen) reported:
Urgent For Immediate Release ----------------------------------------
The Court Hearing in Washington DC still on. The local paper has published that the court hearing date has changed, it has not.
This piece of disinformation has spread and needs to be stamped out. Our security in camp is acting as rumor control on the ground but we need you to to spread the truth that the court hearing is still on. We need moccasins on the ground in Washington DC and our relatives to head back to the camp in support in case we lose tomorrow.
graphic: The black snake's head, dissected posted by Hugh Robert MacMillan, Senior Researcher, Food & Water Watch, Water Program · Washington, DC. The graph of financial networks backing the DAPL was made for the Bakken Pipeline Resistance Coalition,
August 6th the children and young adults of Oceti Sakowin arrived in Washington DC after they ran 2000 miles from Inyan wakankagapi otip —Sacred Stone Camp. They left the rez on July 15th with strong hearts. They finished their run joining crowds of people, many Native Americans and Cowboys included, who sang and round danced in front of the White House.
About 30 young people of Oceti Sakowin (Great Sioux Nation) traveled to the U.S. Capitol seeking to stop construction of the proposed Dakota Access Pipeline.
Case 1:16-cv-01534-JEB Document 6 Filed 08/04/16 Page 1 of 53
Plaintiff Standing Rock Sioux Tribe hereby respectfully moves this Court to preliminarily enjoin the U.S. Army Corps of Engineers to withdraw Nationwide Permit 12 as applied to the Dakota Access Pipeline, and to withdraw verifications issued on July 25, 2016 for the Dakota Access Pipeline to discharge in federally regulated waters at 204 sites along the pipeline route. The basis for such injunction is contained in the memorandum of points and authorities in support of this motion filed herewith, and the declarations of Jon Eagle, Sr., Chairman Dave Archambault II, and Jan Hasselman
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Table of Contents
INTRODUCTION..........................1
STATUTORY OVERVIEW .............2
I. THE NATIONAL HISTORIC PRESERVATION ACT.............……….......2
II. THE CLEAN WATER ACT AND RIVERS AND HARBORS ACT..........5
FACTUAL BACKGROUND………………………….......................................8
I. THE “TRIBE” AND THE CONTROVERSY OVER DAPL.......................8
II. THE CORPS’ FLAWED § 106 CONSULTATION PROCESS.............10
III. THE CORPS’ JULY 25, 2016 VERIFICATION DECISIONS .............17
STANDARD FOR ISSUANCE OF A PRELIMINARY INJUNCTION ......18
ARGUMENT………........................20
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The Tribe respectfully moves this Court for preliminary injunctive relief. ... An injunction is needed because the ongoing construction of the pipeline, as authorized by the Corps, will damage and destroy sites of great historic, religious, and cultural significance to the Tribe. While the Tribe’s complaint raises issues under multiple statutes, this motion focuses on violations of the National Historic Preservation Act (“NHPA”).
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The Tribe is a successor to the Great Sioux Nation, a party to the two Treaties of Fort Laramie in 1851 and 1868. The Tribe’s reservation in North Dakota and South Dakota is the sixth largest Indian reservation in the country, and there are approximately 18,000 enrolled members of the Tribe. ... Economic and social conditions on the Standing Rock Reservation are challenging, with high poverty and unemployment. However, the Tribe’s commitment to its traditional culture remains strong.
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see Declaration of Tribal Historic Preservation Officer Jon Eagle, Sr., at ¶ 11-12. In particular, the confluence of the Cannonball and Missouri Rivers, the site chosen by DAPL for the pipeline’s crossing of the Missouri at Lake Oahe, is sacred ground to the Standing Rock Sioux. Id.; Archambault Decl., ¶ 12. It is rich in history, and it is rich in cultural and religious significance. Industrial development of that site for the crude oil pipeline has a high potential to destroy sites eligible for listing in the National Register. Eagle Decl., ¶ 40. Water is sacred to the Standing Rock people, as is the Missouri River itself. Eagle Decl., ¶ 25; Archambault Decl., ¶ 8-12
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Dated: August 4, 2016; Respectfully submitted, /s/ Jan E. Hasselman; Patti A. Goldman, Jan E. Hasselman, Stephanie Tsosie, Earthjustice 705 Second Avenue, Suite 203, Seattle, WA 98104 Attorneys for Plaintiff
Change.org Petition Update by Anna Lee, Bobbi Jean & the Oceti Sakowin Youth; Fort Yates, ND:
AUG 23, 2016 — We just hit 200,000 signatures and our campaign is going strong! Tomorrow there will be a hearing on the injunction our tribe filed against the pipeline’s construction, and a group of Standing Rock members and allies will be protesting outside of the court. If you are in the D.C. area, please come out to show support!
You can RSVP to the Facebook event here, organized by our friends from the Up To Us Caravan: bit.ly/....
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This past weekend, we all brought our boats and our hearts out to the river in a Water Action. You can watch this video to see what it was like: bit.ly/...
This little petition has morphed into a broad movement to protect our water and our planet, and we are so grateful to bring you all along for the ride.
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No Dakota Access in Treaty Territory - Camp of the Sacred Stones
(click here to support Sacred Stone Camp) — GoFundMe campaign by Howaste Wakiya:
Hau we are the Inyan wakankagapi otip — Sacred Stone Camp from the Standing Rock Sioux Tribe. We have partnership with the Oectc Sakowin- Seven Council Fires, Indians and Cowboys and anyone who was to stand with us against the Dakota Access Pipeline.
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We are asking for financial support for water-propane - food and blankets for the camp. This is a prayer camp movement to save our sacred land and water and has been entirely supported by the people and the campers. We are in great appreciation for all you contributions....Wopila lila tanka— we are deeply grateful for you contributions thank you!
In Spirit
Sacred Stone Camp see more
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Just day before yesterday the state of ND pulled out its relief to the camp leaving people without water, sanitation, and risking precipitation of a public health crisis. It’s a 60 mile round trip to town for provisions. The DAPL backers will do anything to ram it down people’s throats. Meanwhile, the children have invited Obama to come camp but he has not responded.
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