Feds Deny Easement for Dakota Access Pipeline

Last week, a historic victory took place for the Standing Rock Sioux Tribe Reservation and for indigenous people everywhere. Protesters claimed victory and success as the Army Corps of Engineers denied easement for the Dakota Access pipeline, halting further construction.

For the Dakota Access pipeline, a granted easement is necessary for the part of the pipeline that crosses the Missouri River and Lake Oahe, mere miles upstream from the Standing Rock Sioux Tribe Reservation. Due to the type of permitting process the corporation ensued, known as Nationwide Permitting, the easement was not granted earlier which is necessary for the pipeline to be constructed across federally owned lands.

Although the judge ruled against the Standing Rock Sioux Tribe in their lawsuit earlier this year, this defeat was quickly overcome by the victorious news that the government would not grant the easement. The US Army, US Department of Justice, and the Department of Interior also released a joint statement looking ahead. The government stated they would strive “to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights.”

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In the last couple of months, the pipeline has received widespread criticism from tribe members, environmental activists, indigenous activists, and other citizens alike.

This past July, the Sioux Tribe brought forward a lawsuit against the Army Corps of Engineers criticizing the pipeline’s current proposed route and the initial rerouting from Bismark, North Dakota. They claimed it lacked proper environmental impact analysis and was in violation of a number of historical preservation statutes.

Attorney Jan Hasselman, representing the Standing Rock Sioux Tribe in their lawsuit, stated that the corporation acted irresponsibly by their decision to continue the pipeline’s construction on both sides of the river without a granted easement.

“Dakota Access took a reckless gamble with its investor’s money when it built its pipeline to either side of the river without the easement. Despite the extraordinary public controversy and overwhelming opposition to this pipeline, Dakota Access rejected the government’s request to voluntarily cease construction. Today, Dakota Access and its investors reap the consequences of this reckless gamble.”

Besides the environmental concerns, the pipeline posed a threat to the tribe’s water supply, protesters shared their overwhelming disdain for the pipeline’s construction. Whether it was visiting the camps in solidarity or sending money, a major aspect of this week’s success relied on the wide-spread opposition.

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In response to the pipeline’s halt, the chairman of the Standing Rock Sioux Tribe Reservation, Dave Archambault II, expressed gratitude and elation.

“We want to thank everyone who played a role in advocating for this cause. We thank the tribal youth who initiated this movement. We thank the millions of people around the globe who expressed support for our cause. We thank the thousands of people who came to the camps to support us, and the tens of thousands who donated time, talent, and money to our efforts to stand against this pipeline in the name of protecting our water. We especially thank all of the other tribal nations and jurisdictions who stood in solidarity with us, and we stand ready to stand with you if and when your people are in need.”

Despite mainstream media’s continual silence on this ensuing story, the easement is a major success in light of the last couple of months. On the frontlines, water protectors faced physical violence while other individuals faced abuse at the hands of authorities in surrounding local towns for wearing “water is life” ensignia. There was also various unconsolidated reports of planes releasing chemicals into the air.

The past week shaped a major turning point for the Standing Rock Sioux but also for the intersection between human rights and environmental concerns. Nothing is set in stone but if anyone can learn anything from this past week, it is that when people come together, we can accomplish big things.