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US authorities clear pathway for Dakota pipeline
by Staff Writers
Washington (AFP) Feb 8, 2017


Standing Sioux Rock Tribe vows legal action on DAPL
Cannon Ball, N.D. (UPI) Feb 8, 2017 - A Sioux tribe in the United States said it would take legal action against the Trump administration for signing off on the Dakota Access pipeline.

President Donald Trump's administration gave final approval to finish the last stretch of the oil pipeline in North Dakota beneath Lake Oahe, a federally owned body of water. That section is the last major hurdle standing in the way of the line's completion and the center of the debate over the controversial artery.

In a court filing late Tuesday, the Army Corps of Engineers said it would issue an easement to complete construction, a decision the Standing Rock Sioux Tribe said was a violation of its rights.

"We are a sovereign nation and we will fight to protect our water and sacred places from the brazen private interests trying to push this pipeline through to benefit a few wealthy Americans with financial ties to the Trump administration," Dave Archambault II, chairman of the Standing Rock Sioux Tribe, said in an emailed statement.

Before Trump took office, the Army Corps of Engineers said further review was needed in order to assess tribal interests associated with the construction of the last few hundred feet of the pipeline. That decision left the $3.7 billion pipeline in limbo for pipeline consortium Energy Transfer Partners, an entity in which President Trump had a financial interest.

A federal appeals court in October backed a lower court's ruling that construction can proceed in the face of challenges to the extent of Army consultation with tribal groups concerned about the sanctity of sacred sites.

The Army said it wouldn't finish an environmental review of the project that was ordered in December by the previous administration because President Trump issued an executive order calling for an expedited review process of the project.

"The tribe will challenge any easement decision on the grounds that the environmental impact statement was wrongfully terminated," Archambault said.

The tribe said its attorneys found the final easement could not be granted legally at this time. A separate statement from Amnesty International said the Trump administration's decision was a clear and "appalling" violation of the rights of indigenous peoples.

North Dakota Gov. Doug Burgum, a Republican, said the project has already faced months of delays he said were politically driven.

There's not enough pipeline capacity to carry all of the oil produced in North Dakota, which leaves energy companies depending on rail as an alternative. Derailments of trains carrying North Dakota crude oil have proved deadly, as in the case of the Lac-Megantic tragedy in 2013. Rail is a more expensive transit option than pipelines.

US authorities said Tuesday they will approve a permit to complete the controversial Dakota Access pipeline to reduce transportation costs and give US producers a boost as they compete against oil from Canada.

The decision comes after months of protests by Native Americans and their supporters led the Obama administration to nix plans to build the pipeline close to native grounds.

But President Donald Trump supported the 1,172-mile (1,886-kilometer) oil pipeline, which would snake through four US states, and ordered officials to reconsider.

The Army Corps of Engineers, which has approval authority, said Tuesday that it had "completed a presidential-directed review" and planned to grant permission for the pipeline to cross government land at the Missouri River and man-made Lake Oahe reservoir -- the final sticking point, which will effectively allow the last stretch of the pipeline to be completed.

The reservoir is the drinking water source for the Standing Rock Sioux Tribe, which objects to the pipeline's routes.

The tribe vowed to challenge The Army's decision in court, and called on supporters to head to Washington on March 10 for "a Native Nations march."

"We ask that our allies join us in demanding that Congress demand a fair and accurate process," tribe chairman Dave Archambault said in a statement.

"Our fight is no longer at the North Dakota site itself. Our fight is with Congress and the Trump administration."

The Dakota Access pipeline would connect the Bakken and Three Forks oil production areas in North Dakota to an existing crude oil terminal near Pakota, Illinois.

In addition to the risk to its water, the Standing Rock Sioux Tribe had also claimed the project endangered areas with sacred historic sites and artifacts.

Additionally, it claimed that it was not appropriately consulted during the process, and that a proper environmental review was required.

Energy Transfer Partners, the pipeline's operator, has denied the tribe's claims, saying the pipeline is safer than the current transport methods of rail and truck, and that archeological experts it hired had failed to find sacred artifacts along the pipeline route.

- Opponents vow to fight on -

North Dakota leaders who have supported the project promptly backed the Army's decision.

"This is a key step toward the completion of this important infrastructure project, which has faced months of politically-driven delays," North Dakota Governor Doug Burgum in a statement.

North Dakota Senator John Hoeven, who also praised The Army's decision, said the acrimonious process had nevertheless raised some questions.

"Going forward, we need to review the permitting process to ensure that everyone has an opportunity to be heard and that a fair, certain and legal process has been followed," Hoeven said.

The pipeline has been the subject of intense protests in North Dakota and around the country, galvanizing hundreds of Native American tribes, environmental groups and their supporters.

Protesters had also camped on land near the pipeline's path just north of the tribe's reservation in order to physically block its completion -- at times clashing violently with authorities.

Tom Goldtooth, executive director of the Indigenous Environmental Network -- a group that had a strong presence at the North Dakota protest, charged that The Army's decision on Tuesday went against protocol and the established legal process.

"It disregards more than 100,000 comments already submitted as part of the not-yet-completed environmental review process," Goldtooth said.


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