Courtesy Red Warrior Camp/Facebook
A three-judge panel has denied the Standing Rock Sioux Tribe's request for an injunction that would stop work on the oil pipeline that is slated to go through treaty-protected, sacred burial sites.

Breaking: Standing Rock Vows to Continue NoDAPL Fight in Wake of Court Injunction Denial

Mary Annette Pember
10/10/16

Standing Rock Sioux Chairman David Archambault II vowed to continue fighting the Dakota Access oil pipeline (DAPL) after a three-judge panel on Sunday October 9 denied the tribe’s request for an injunction that would have stopped the pipeline’s progress through treaty-protected, sacred burial grounds.

“The Standing Rock Sioux Tribe is not backing down from this fight,” said Archambault in a statement after the decision came down at 4 p.m. “We are guided by prayer, and we will continue to fight for our people. We will not rest until our lands, people, waters and sacred places are permanently protected from this destructive pipeline.”

In a two-page ruling, U.S. District Court judges Janice Rogers Brown, Thomas B. Griffith and Cornelia T.L. Pillard acknowledged the “narrow and stringent standard” that formed their legal parameters and noted that key permits allowing the pipeline to cross under the Missouri River are still pending. It also gave a nod to Section 106 of the National Historic Preservation Act, noting it “was intended to mediate precisely the disparate perspectives involved in a case such as this one.”

The ruling came down as Native leaders gathered in Phoenix for the 73rd Annual Convention & Marketplace of the National Congress of American Indians (NCAI), as members participated in a Department of Interior water consultation with tribes at the Phoenix Convention Center. There was an audible gasp of disappointment from the 150 or more attendees at the consultation as NCAI President Brian Cladoosby announced that the court had denied Standing Rock’s appeal of an initial denial on September 9. 

RELATED: Breaking: Dakota Access Lake Oahe Work Stopped Pending Standing Rock Sioux Appeal

The panel had heard arguments on October 5.

RELATED: Court Postpones Decision on DAPL Construction Stoppage as Standing Rock Stands Strong

While disappointed, Cladoosby expressed some hope for closer study of the consultation process in general.

“But they left I think a window open for our trustee the federal government to really examine the 106 process and make sure that their consultation process is adequate for projects like this one that affects tribes at this level,” he told ICTMN.

The consultation had followed a day-long National Water Summit hosted by the Intertribal Council of Arizona and the Native American Rights Fund. Presenters from federal, tribal and state organizations and agencies had shared information about current Indian water rights settlements, implementation processes, economic development and protecting tribal water quality from climate change and the impact of drought. The decision to engage tribes in consultations regarding federal processes surrounding negotiation and reviewing Indian water rights settlements and potential improvements to the process had been motivated partially by the controversy in Standing Rock, Interior Deputy Secretary Mike Connor told Indian Country Today Media Network.

Thousands of water protectors have gathered in camps near the Standing Rock reservation in support of keeping the DAPL away from Lake Oahe, the tribe’s source of drinking water.

“This ruling puts 17 million people who rely on the Missouri River at serious risk,” said Archambault in the statement. “And, already, the Dakota Access Pipeline has led to the desecration of our sacred sites when the company bulldozed over the burials of our Lakota and Dakota ancestors. This is not the end of this fight. We will continue to explore all lawful options to protect our people, our water, our land, and our sacred places.”

RELATED: Dakota Access Pipeline Standoff: Mni Wiconi, Water is Life

The U.S. Department of Justice and other agencies reiterated their request for a work stoppage within a 20-mile buffer zone around Lake Oahe, but with the denial of the injunction, compliance on the part of Energy Transfer Partners is once again voluntary, the Bismarck Tribune reported after the decision.

“The federal government recognizes what is at stake and has asked DAPL to halt construction,” said Archambault in the tribe’s statement. “We hope that they will comply with that request.”

“We call on Dakota Access to heed the government’s request to stand down around Lake Oahe,” added Jan Hasselman, lead attorney from Earthjustice, which is representing the tribe. “Continuing construction before the decision is made would be a tragedy given what we know about the importance of this area.”

The justices noted that other permits are still pending, and that the pipeline can’t proceed until those issues are resolved.

“But ours is not the final word,” they wrote. “A necessary easement still awaits government approval—a decision Corps’ counsel predicts is likely weeks away; meanwhile, Intervenor DAPL has rights of access to the limited portion of pipeline corridor not yet cleared—where the Tribe alleges additional historic sites are at risk. We can only hope the spirit of Section 106 may yet prevail.”

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timallard's picture
timallard
Submitted by timallard on
My specific reason for sharing this and holding stern opposition to the pipeline are these laws on the books along with the archeologists objecting to the intentional digging of communicated site locations specifically and immediately after being notified of where they were by pipeline officials. They were given those locations to avoid being dug up as strongly suspected of having human remains with no other locations dug during that time a blatant flouting of law, brazen and arrogant snub of the "rule of law", whose law? The Dakota Pipeline represents a clear violation of these laws: 1906, Antiquities Act: It protects all historic and prehistoric sites on Federal lands and prohibits excavation or destruction of such antiquities unless a permit (Antiquities Permit) is obtained from the Secretary of the department which has the jurisdiction over those lands. 1966, National Historic Preservation Act: This act supplements the provisions of the Antiquities Act of 1906. The law makes it illegal to destroy, excavate or remove information from Federal or Indian lands any archeological resources without a permit from the land manager. 1990, Native American Graves Protection and Repatriation Act (NAGPRA): This act assigns ownership and control of Native American cultural items, human remains, and associated funerary objects to Native Americans. It also establishes requirements for the treatment of Native American human remains and sacred or cultural objects found on Federal land. References and the above from The Cedar Mesa Project: http://bcn.boulder.co.us/environment/cacv/cacvregs.htm

Old Lady's picture
Old Lady
Submitted by Old Lady on
Not all of us can go to the Dakotas, but everyone one of us can boycott banks on the following list; here's who's funding the pipeline directly and indirectly, as well as the amounts of money involved. Praying this copy/paste will go thru: DIRECTLY TO DAKOTA ACCESS: BayernLB 120,000,000 BBVA Securities 120,000,000 DNB First Bank 120,000,000 ICBC London 120,000,000 SMBC Nikko Securities 120,000,000 Societe Generale 120,000,000 DIRECTLY AND INDIRECTLY THRU ENERGY TRANSFER EQUITY, ENERGY TRANSFER PARTNERS AND/OR SUNOCO LOGISTICS: Mizuho Bank 589,558,456 Bank of Tokyo Mitsubishi UF 548,058,456 Citibank 521,808,456 Wells Fargo 467,000,000 BNP Paribas 444,558,456 SunTrust 435,015,334 TD Securities 365,000,000 Credit Agricole 344,558,456 Intesa Sanpaolo 339,000,000 Royal Bank of Scotland 250,558,456 ING Bank 248,353,779 Natixis 180,000,000 ABN Amro Capital 45,000,000 INDIRECTLY THRU ENERGY TRANSFER EQUITY, ENERGY TRANSFER PARTNERS AND/OR SUNOCO LOGISTICS: Barclays 370,558,456.17 Bank of America 350,558,456 Compass Bank 340,558,456 Credit Suisse 340,558,456 DNB Capital/ASA 340,558,456 Royal Bank of Canada 340,558,456 UBS 336,437,500 JPMorgan Chase 312,500,000 Deutsche Bank 275,558,456 US Bank 275,000,000 PNC Bank 270,000,000 Sumitomo Mitsui Bank 265,558,456 Goldman Sachs 243,937,500 Morgan Stanley 225,187,500 HSBC Bank 189,000,000 Bank of Nova Scotia 100,000,000 Citizens Bank 72,500,000 Comerica Bank 72,500,000 Community Trust 30,000,000

100IndigenousAmerican's picture
100IndigenousAm...
Submitted by 100IndigenousAm... on
Please support these warriors standing up and protecting the harmony between one of the sacred elements and our human systems. Go there, send fuel for warmth, food, and appreciation. It is colder than human body can tolerate at the protest site.

Dorothy Hammitt...
Submitted by Dorothy Hammitt... on
Keep fighting.

KrisNaakaiDineHerder
Submitted by KrisNaakaiDineHerder on
I WAS THERE IN CANNONBALL THIS PAST WEEK, AND SEEN WITH MY ON EYES, DIFFERENT NATIONS AND PEOPLE COMING TOGETHER TO STAND UP AND FIGHT FOR WHATS RIGHT, PROTECTING WATER AND CULTURAL SITES, ITS SAD TO SAY THAT MONEY TALKS, AND MONEY CONTROLS THE PEOPLE FUNDING. WHAT GOING TO HAPPEN YEARS DOWN THE ROAD IF SOMETHING ERE TO HAPPEN> OUR WORLD IS CHANGING, WEATHER IS CHANGING, WHAT IT A EARTHQUAKE, TSUNAMI, OR SOMETHING OF THAT EFFECT WERE TO BUST THE PIPELINE??? PROTECT THE WATER AND LAND.... WE ARE HERE TO SPEAK FOR THE EARTH AND ANIMALS, HOW MUCH MORE DAMAGE DOES THE UPPER PEOPLE HAVE TO DO BEFORE THEY GET IT? BY THEN IT WILL BE TO LATE HOOZHOGO SHI KE DOO SHI DINE DO SHI KIIS.... PROTECTORS OF LIFE- MOTHER- WATER- ANIMALS- AND ALL FUTURE GENERATIONS.... PLEASE PRAY FOR OUR PROTECTORS, AS THEY ARE FIGHTING FOR OUR FUTURE AND WAY OF LIFE. #NODAPL #WATERPROTECTORS #STANDSTRONGREDWARRIOR #NAVAJOPEOPLEFORSTANDINGROCK #HERDERFAMILYFORSTANDINGROCK
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