Dear Kossack, Last month, the Standing Rock Sioux Tribe won a huge victory in court — an order requiring the Dakota Access Pipeline (DAPL) to be shut down while a full environmental impact statement (EIS) is conducted. The owners of the pipeline pushed back quickly, arguing it was unfair for them to have to shut off the pipeline during the review.
A federal appeals court just weighed in on their claims, issuing what can only be described as a mixed decision. The court effectively upheld the lower court’s decision invalidating the permit for the pipeline to cross underneath Lake Oahe for now, meaning the pipeline is operating illegally. However, the ruling also allows for oil to continue flowing for the time being.
Every day the pipeline is in operation is a threat to the Tribe’s sovereignty. There will be additional proceedings about whether the pipeline should be allowed to operate while the EIS is going forward. Until the pipeline is shut down permanently, the Tribe and Earthjustice will continue to fight.
The Army Corps of Engineers has the authority to shut down the illegally operating pipeline — and we firmly believe they should. If they don’t shut it down, they’ll have to explain why to the same judge who ordered the shutdown. And if the Trump administration won’t follow the law, we will continue to rally support for —and fight to achieve— a permanent shutdown for as long as it takes.
We can’t afford to be complacent about this issue. Looking through the lens of history, we know that an administration change does not guarantee a shutdown. The U.S. government has violated and undermined tribal sovereignty since its inception, so it’s our obligation to speak out in solidarity with the Standing Rock Sioux Tribe and other indigenous peoples who have been in fights like this for centuries.
This fight is far from over — please join us in telling our leaders that DAPL must be shut down permanently.
Catcher Cuts The Rope, Iraq War veteran, marching to traditional burial ground on Standing Rock in ”North Dakota” 9 Sep 2016
So, that’s my story. But, I can’t leave it standing on one leg.
Uŋčí Makȟá mní wičhóni. Oyáte haŋbléčheya. Wóphila tȟáŋka.
