Update: December 9, 2016 – Responding to a cross-claim filed by Dakota Access last month seeking to green-light pipeline construction under the Missouri river, U.S. District County Judge James Boasberg announced today that a hearing on the matter would not be held until early February 2017. Judge Boasberg also ordered the federal government to submit a response to DAPL’s cross-claim by January 9, 2017. On Wednesday, December 8th, the Standing Rock Sioux Tribe and the Cheyenne River Sioux Tribe submitted a joint status report to the court saying that DAPL’s cross-claim was “without merit“.
“The tribes reserve their rights to make any argument, and seek any relief, to prevent the completion of the project while their original claims are litigated“ – Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe Status Report
Oceti Sakowin, ND – On Sunday afternoon, December 4th, Chairman Dave Archambault II of the Standing Rock Sioux Tribe announced that he had been informed the U.S. Army Corps of Engineers had denied the easement permit necessary for the Dakota Access Pipeline to go under the Missouri River.
An atmosphere of celebration quickly erupted at the Oceti Sakowin camp when the news was announced:
The decision was confirmed shortly later in a statement issued on the Army’s website:
“The Department of the Army will not approve an easement that would allow the proposed Dakota Access Pipeline to cross under Lake Oahe in North Dakota, the Army’s Assistant Secretary for Civil Works announced today.
Jo-Ellen Darcy said she based her decision on a need to explore alternate routes for the Dakota Access Pipeline crossing. Her office had announced on November 14, 2016 that it was delaying the decision on the easement to allow for discussions with the Standing Rock Sioux Tribe, whose reservation lies 0.5 miles south of the proposed crossing. Tribal officials have expressed repeated concerns over the risk that a pipeline rupture or spill could pose to its water supply and treaty rights.
“Although we have had continuing discussion and exchanges of new information with the Standing Rock Sioux and Dakota Access, it’s clear that there’s more work to do,” Darcy said. “The best way to complete that work responsibly and expeditiously is to explore alternate routes for the pipeline crossing.” Darcy said that the consideration of alternative routes would be best accomplished through an Environmental Impact Statement with full public input and analysis.” – US Army Statement
North Dakota congressman Kevin Cramer issued a statement denouncing the Army Corps’ decision, saying it set a “chilling signal for infrastructure development“. Governor Jack Dalrymple was reported to have called denying the easement “a serious mistake“.
The Water Protector Legal Collective, a group of attorneys assisting the #NoDAPL movement, applauded the decision to deny the easement, and called for authorities to go a step further and drop all criminal charges filed against water protectors.
“In light of today’s decision by the Obama Administration, the Water Protector Legal Collective calls on the State of North Dakota to immediately drop criminal charges against the more than 550 Water Protectors who have been arrested related to their peaceful and prayerful protest against DAPL these past nine months. The WPLC also calls on local law enforcement agencies to pull back from the Water Protectors’ camps and dismantle the road blockades and checkpoints they have instituted, and further demands that federal and state agencies conduct a full investigation into law enforcement abuses against Water Protectors which have included violations of their First, Fourth, and Fourteenth Amendment rights” – Angela Bibens, Water Protector Legal Collective
Energy Transfer Partners and Sunoco Logistics responded late on Sunday with a statement that suggests they may continue ahead with plans to drill under the Missouri river:
“Energy Transfer Partners, L.P. (NYSE: ETP) and Sunoco Logistics Partners L.P. (NYSE: SXL) announced that the Administration’s statement today that it would not at this time issue an “easement” to Dakota Access Pipeline is a purely political action – which the Administration concedes when it states it has made a “policy decision” – Washington code for a political decision. This is nothing new from this Administration, since over the last four months the Administration has demonstrated by its action and inaction that it intended to delay a decision in this matter until President Obama is out of office.
For more than three years now, Dakota Access Pipeline has done nothing but play by the rules. The Army Corps of Engineers agrees, and has said so publicly and in federal court filings. The Corps’ review process and its decisions have been ratified by two federal courts. The Army Corps confirmed this again today when it stated its “policy decision” does “not alter the Army’s position that the Corps’ prior reviews and actions have comported with legal requirements.”
In spite of consistently stating at every turn that the permit for the crossing of the Missouri River at Lake Oahe granted in July 2016, comported with all legal requirements, including the use of an environmental assessment, rather than an environmental impact statement, the Army Corps now seeks to engage in additional review and analysis of alternative locations for the pipeline.
The White House’s directive today to the Corps for further delay is just the latest in a series of overt and transparent political actions by an administration which has abandoned the rule of law in favor of currying favor with a narrow and extreme political constituency.
As stated all along, ETP and SXL are fully committed to ensuring that this vital project is brought to completion and fully expect to complete construction of the pipeline without any additional rerouting in and around Lake Oahe. Nothing this Administration has done today changes that in any way.” – Energy Transfer Partners statement
A statement by Sacred Stone Camp pointed out that several factors mean the Dakota Access Pipeline could still be completed, and called for a month of action for all of December:
“The Trump administration could easily approve the project early next year. The Obama Administration has never guaranteed the water protectors or the Standing Rock Sioux Tribe that they would use force to stop Dakota Access from drilling under the river without a permit, if necessary. The Army Corps has not yet agreed to pursue a full EIS for the entire length of the pipeline.
Organizers continue to call for every day of December to be “a day of #NoDAPL action” against the investors of the Dakota Access Pipeline. Over 100 solidarity actions worldwide have already been registered for the coming weeks as the encampment continues to stand their ground.” – Sacred Stone Camp, DAPL Easement Denied, But The Fight’s Not Over
Meanwhile, at the Oceti Sakowin camp, hundreds of cars continued flooding-in after the news of the Army Corps ruling.
— Unicorn Riot (@UR_Ninja) December 5, 2016
A few hours after darkness fell, fireworks filled the night sky as traffic continued flowing into the camp.
— Unicorn Riot (@UR_Ninja) December 5, 2016
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Below is Unicorn Riot’s coverage of the [#NoDAPL] anti-Dakota Access Pipeline struggle from early summer 2016 to present:
March – May 2016
- March 29th, “Tribal Citizens Prepare to Blockade Bakken Oil Pipeline“.
- April 3rd, “Tribal Citizens Build Camp in Path of Oil Pipeline“.
- May 5th, “Sacred Stone Camp Resists Dakota Access Pipeline“.
- May 27th, “Dakota Access Pipeline Blockade Enters 2nd Month“.
- After covering the camp in the spring of 2016, Unicorn Riot returned to Standing Rock Reservation on Wednesday, August 10th, when Standing Rock tribal members and allies blocked the entrance to the Dakota Access Pipeline construction site.
- On Thursday, August 11th, a dozen or so people were arrested blocking the construction site entrances.
- Day 3, Friday, the fight to protect land & water intensified around the construction sites of the Dakota Access Pipeline.
- On the 4th day, the pipeline resistance encampment swelled and prepared for more action.
- Monday, August 15th, land defenders stormed the construction site halting construction, and the next day construction was halted as well.
- August 17th saw State Police begin checkpoints, roadblocks, and psyops as protesters united to defend water.
- August 24th, camps prepared as Federal injunction hearing looms.
- Camps Organize to Stay as Injunction Postponed.
- On August 31st, Non-Violent Direct Action Stopped DAPL Construction for Over 6 Hours.
- September 6, indigenous water protectors swarmed Dakota Access Pipeline site, stopped work
- September 7, Uŋpa Nuŋpa was interviewed about ongoing #noDAPL actions
- North Dakota highway patrol refused to release email correspondence with Energy Transfer Partners
- September 8, ND National Guard took over Dakota Access Pipeline checkpoints
- Friday, September 9, US Govt. overruled federal judge and requested pipeline construction halted at Lake Oahe
- Meanwhile, cultural activities continued at #NoDAPL camps despite more arrests/warrants
- September 13, 20 were arrested during #NoDAPL lockdown, including 2 Unicorn Riot journalists
- September 14, direct actions continued against Dakota Access Pipeline while legal repression intensified
- On September 16 a federal judge dissolved the unconstitutional temporary restraining order Dakota Access, LLC had filed against Stranding Rock tribal members
- September 19, as solidarity protests spread nationwide, the federal appeals court ordered construction temporarily stop on Dakota Access segment as Solidarity Protests Spread Nationwide
- September 21, #NoDAPL noise demo demanded freedom for jailed water protector Olowan Martinez
- September 22, water protectors disrupted the annual meeting of the North Dakota Petroleum Council
- September 25, water protectors planted trees on DAPL construction site
- In Iowa on September 26, a non-violent direct action from the Mississippi Stand camp stopped DAPL construction for the day
- September 26, a caravan of water protectors stopped work at DAPL site
- September 27, militarized police arrested 23 water protectors in DAPL work stoppage
- September 29, a #NoDAPL solidarity action took place at MN Enbridge office
- October 3rd-4th saw the “Toxic Tour,” Governor debate disruption, and water protectors attend their court arraignment
- October 4, we learned North Dakota Governor Dalrymple’s email inbox was full of support for #NoDAPL
- October 5, Buffer Zone Holds as Caravans Continue to Disrupt DAPL – New Felony Charges
- October 7, 6 Arrested in Iowa #NoDAPL Action, Including Unicorn Riot Journalist
- October 8, Iowa Water Protectors Blockade DAPL Drill Site Twice in 24 Hours
- October 9, Federal Appeals Court Rules to Allow DAPL Construction
- October 10, 27 Arrests After Water Protectors Pray at DAPL Site on Indigenous People’s Day
- October 12, Lockdown Stops DAPL Construction in Iowa, 3 Arrested, Including Unicorn Riot Journalist
- October 14, Emails Show North Dakota Budget Bureaucracy Behind #NoDAPL Policing
- October 16, Direct Actions Continue to Stop DAPL Construction in Iowa and North Dakota
- October 17, Four Unicorn Riot Journalists Face Charges For Covering #NoDAPL
- October 17, Water Protectors Blockade Highway in Bismarck, Some Charges Dropped
- October 20, As DAPL Construction Advances, Water Protectors Continue Direct Action
- October 22, Water Protectors’ Prayer Walk Ends up with 127 Arrests, Including Unicorn Riot Journalist
- October 23, Law Enforcement Attack Private Drone as Water Protectors Erect Blockade & New Winter Camp
- October 24, Mississippi Stand Blockades Iowa DAPL Drill Waste Site, Drilling Stops
- October 25, Records Release: Morton County’s Law Enforcement Mutual Aid Assistance Agreement
- Hundreds Flood Minneapolis City Hall to Demand Local Sheriff Withdraw from North Dakota
- October 26, Tensions Rise as Pipeline Construction Nears #NoDAPL Blockade
- October 27, Police and Military Attack Oceti Sakowin Treaty Camp
- November 1, #NoDAPL Solidarity Rally & Sit-In in Minneapolis Prods Sheriff into Removing Deputies
- November 1, DAPL Resistance Continues Despite Advancing Construction
- November 2, Police Attack Water Protectors Defending Sacred Sites
- November 5, DAPL Construction Nears US Army Corps Land While Still Lacking Permits
- November 6, Water Protectors Attempt to Reclaim Sacred Burial Site, Demonstrate in Cemetery
- November 8, Dakota Access Announces Plan to Drill Under Missouri River Within Weeks
- November 11, Dakota Access Pipeline Work Stopped As Water Protectors Storm Site; 30+ Arrested
- November 14, #NoDAPL Water Protectors March on ND State Capitol after Caravan Disrupts Construction
- November 14, Mississippi Stand Goes Inside Pipeline and Shuts Down DAPL Construction
- November 14, Army Corps Delays DAPL Easement
- November 15, “No More Stolen Sisters” Demonstration Blockades DAPL Man Camp; 25+ Arrests
- November 16, Despite Army Corps Statement, DAPL Moves Horizontal Drill to Missouri River Crossing
- November 17, Demonstration in Bismarck-Mandan, Cass County Deputies Beat Man Bloody
- November 20, Police Attack Unarmed Water Protectors w/ Rubber Bullets, Tear Gas, and Water Cannons; 300+ injured
- November 21, Land Defense & Water Protection Actions Ripple Across Turtle Island
- November 22, Hundreds Target U.S. Army Corps Building in St. Paul w #NoDAPL Message
- November 22, Anonymous DDOS Munitions Vendor After Sheriffs Attack #NoDAPL
- November 22, #NoDAPL Water Protector Faces Possible Loss Of Her Arm After Police Attack
- November 24, Water Protectors Bridge onto Turtle Island; Mandan Thanksgiving Street Feast
- November 25, U.S. Army Corps of Engineers Announces Intent to Close Oceti Sakowin #NoDAPL Camp
- November 29, Excessive Force Lawsuit Filed Against Morton County Sheriff for November 20 Bridge Assault