Native tribes seek judgment against Army Corps over Dakota Access

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By David Gaffen

<span class="articleLocation”>The Native American tribes looking to stop the
Dakota Access pipeline asked a judge to find that the Army Corps
violated federal regulations when it recently granted the last
permit needed for the project to be finished, according to a
Tuesday court filing.

In a filing in U.S. District Court in Washington, Jan
Hasselman, a lawyer with Earthjustice who represents the tribes,
said the court should rule, in a partial summary judgment, that
the U.S. Army Corps of Engineers violated the National
Environmental Policy Act and Clean Water Act by issuing the
final permit.

That easement will allow the Dakota Access pipeline to be
completed by tunneling under Lake Oahe, a reservoir that forms
part of the Missouri River. It comes after Judge James Boasberg
on Monday denied the request by the Standing Rock Sioux and
Cheyenne River Sioux for a temporary restraining order stopping
the last stretch of construction.

Energy Transfer Partners is building the 1,170-mile
(1,885 km) line, which will run from North Dakota to Patoka,
Illinois. The last permit was denied in December and later
subject to further environmental review, by the outgoing Obama
administration.

After taking office last month, President Donald Trump
ordered that steps be taken to expedite the permit. The Army
Corps then elected not to undergo the additional environmental
review and issued the permit last week.

The tribes’ legal options are narrowing, according to Dave
Archambault II, chairman of the Standing Rock Sioux.

The case is 1:16-cv-1534-JEB, U.S. District Court of
Washington, D.C.



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