DAPL battle not over

SUBHEAD: A federal judge ruled an environmental review of the project was inadequate, and ordered it redone.

By Nick Visser on 15 June 2017 for Huffington Post -

Image above: A demonstrator holds a ‘Water Is Life’ sign in front of the White House during a protest against the Dakota Access Pipeline in Washington, D.C. From original article.

A federal judge on Wednesday said an environmental review of the controversial Dakota Access Pipeline was inadequate, handing a last-minute victory to Native American tribes and environmentalists who have long opposed the project.

In a 91-page decision, U.S. District Court Judge James Boasberg said the Army Corps of Engineers, which gave its final approval to the oil project in February, “did not adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice, or the degree to which the pipeline’s effect are likely to be highly controversial.”

Boasberg ordered the agency to conduct new reviews of those sections of its environmental analysis, but did not halt the use of the pipeline, which began flowing oil on June 1.

The Standing Rock Sioux tribe, which filed the lawsuit, called Wednesday’s decision a “significant victory.”

“The previous administration painstakingly considered the impacts of this pipeline, and President Trump hastily dismissed these careful environmental considerations in favor of political and personal interests,” tribe chairman Dave Archambault said in a statement. “We applaud the courts for protecting our laws and regulations from undue political influence, and will ask the Court to shut down pipeline operations immediately.”

The $3.8 billion, 1,170-mile pipeline has been at the center of an environmental battle for more than a year after thousands of activist, many with Standing Rock, descended on a small region of North Dakota to protest. The monthslong standoff drew international media attention and led the Army Corps of Engineers to pull the plug on the project.

However, just weeks into his presidency, Donald Trump signed an executive order reopening both the Dakota Access and Keystone XL pipelines. Now in operation, at its peak, the Dakota Access pipeline could ship up to 570,000 barrels of oil a day.

The courts have previously rejected legal arguments to shut down the pipeline. Boasberg in February allowed the project to go ahead after siding with its owner, Energy Transfer Partners, over a lawsuit that alleged the pipeline threatened cultural and historic sites.

The judge said he would consider whether the pipeline should shut down while a new environmental review is being conducted at a later time, The Guardian reports.

“This decision marks an important turning point. Until now, the rights of the Standing Rock Sioux Tribe have been disregarded by the builders of the Dakota Access Pipeline and the Trump administration ― prompting a well-deserved global outcry,” Jan Hasselman, an attorney for the group Earthjustice, which represented the Standing Rock Sioux, said in a statement:

“The federal courts have stepped in where our political systems have failed to protect the rights of Native communities.”

See also:
Ea O Ka Aina: Defense contractors fought NoDAPL 5/27/17
Ea O Ka Aina: Tribes divest DAPL Bankers 2/13/17
Ea O Ka Aina: Veterans defending NoDAPL 2/11/17
Ea O Ka Aina: Army Corps okays DAPL Easement  2/8/17
Ea O Ka Aina: Trump orders go on DAPL EIS 2/3/17
Ea O Ka Aina: Water Protectors pipeline resistance 2/1/17 
Ea O Ka Aina: Force a full EIS on DAPL 1/27/17
Ea O Ka Aina: Missile launcher at Standing Rock 1/19/17
Ea O Ka Aina: Lockdown at Trans-Pecos Pipeline 1/10/17
Ea O Ka Aina: Standing Rock has changed us 12/9/16
Ea O Ka Aina: As Standing Rock celebrates... 12/5/16
Ea O Ka Aina: Army Corps denies easement 12/4/16
Ea O Ka Aina: My Whole Heart is With You 12/2/16
Ea O Ka Aina: The Loving Containment of Courage 12/1/16
Ea O Ka Aina: The Beginning is Near 12/1/16
Ea O Ka Aina: Feds to shutdown NoDAPL Camp 11/25/16
Ea O Ka Aina: NoDAPL people are going to die 11/23/16
Ea O Ka Aina: Hundreds of vets to join NoDAPL 11/22/16
Ea O Ka Aina: Obama must support Standing Rock 11/21/16
Ea O Ka Aina: Trump's pro oil stance vs NoDaPL 11/15/16
Ea O Ka Aina: Kauai NoDAPL Demonstration 11/12/16
Ea O Ka Aina: Obama to Betray Standing Rock 11/12/16
Ea O Ka Aina: Trump impact on Standing Rock 11/12/16
Ea O Ka Aina: Ann Wright on Standing Rock 11/8/16
Ea O Ka Aina: Turning Point at Standing Rock 11/6/16
Ea O Ka Aina: Jackson Browne vs DAPL owner 11/5/16
Democracy Now: Boycott of DAPL Owner's Music Festival
Ea O Ka Aina: World responds to NoDAPL protests 11/5/16
Ea O Ka Aina: NoDAPL victory that was missed 11/5/16
Ea O Ka Aina: DAPL hid discovery of Sioux artifacts 11/5/16
Ea O Ka Aina: Dakota Access Pipeline will leak 11/5/16
Ea O Ka Aina: Route of the Dakota Access Pipeline 11/4/16
Ea O Ka Aina: Sanders calls for stopping DAPL 11/4/16
Ea O Ka Aina: Obama hints at DAPL rerouting 11/3/16
Ea O Ka Aina: New military attack on NODAPL 11/3/16
Ea O Ka Aina: How to Support NoDAPL 11/3/16
Unicorn Riot: Tweets from NoDAPL 11/2/16
Ea O Ka Aina: Standing Rock & the Ballot Box 10/31/16
Ea O Ka Aina: NoDAPL reclaim new frontline 10/24/16
Ea O Ka Aina: How far will North Dakota go? 10/23/16
Ea O Ka Aina: Amy Goodman "riot" charge dropped 10/17/16
Ea O Ka Aina: Amy Goodwin to face "Riot Charge" 10/16/16
Ea O Ka Aina: Shutdown of all tar sand pipelines 10/11/16
Ea O Ka Aina: Why Standing Rock is test for Oabama 10/8/16
Ea O Ka Aina: Why we are Singing for Water 10/8/16
Ea O Ka Aina: Labor's Dakota Access Pipeline Crisis 10/3/16
Ea O Ka Aina: Standing Firm for Standing Rock 10/3/16
Ea O Ka Aina: Contact bankers behind DAPL 9/29/16
Ea O Ka Aina: NoDAPL demo at Enbridge Inc 9/29/16
Ea O Ka Aina: Militarized Police raid NoDAPL 9/28/16
Ea O Ka Aina: Stop funding of Dakota Access Pipeline 9/27/16
Ea O Ka Aina: UN experts to US, "Stop DAPL Now!" 9/27/16
Ea O Ka Aina: No DAPL solidarity grows 9/21/16
Ea O Ka Aina: This is how we should be living 9/16/16
Ea O Ka Aina: 'Natural Capital' replacing 'Nature' 9/14/16
Ea O Ka Aina: The Big Difference at Standing Rock 9/13/16
Ea O Ka Aina: Jill Stein joins Standing Rock Sioux 9/10/16
Ea O Ka Aina: Pipeline temporarily halted 9/6/16
Ea O Ka Aina: Native Americans attacked with dogs 9/5/16
Ea O Ka Aina: Mni Wiconi! Water is Life! 9/3/16
Ea O Ka Aina: Sioux can stop the Pipeline 8/28/16
Ea O Ka Aina: Officials cut water to Sioux 8/23/16


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