Breaking news: This morning, in a federal district court proceeding in Washington, D.C., the U.S. Army Corps of Engineers balked at stopping the oil flow through the Dakota Access pipeline (DAPL). The Corps officially refrained from taking a position by saying they need more time, which will allow the pipeline to continue operating illegally, without a valid permit.
For the past two months, we’ve been working overtime — with you and many allied organizations, in support of the Standing Rock Sioux Tribe — to pressure President Biden to use his executive authority and shut down the flow of oil through DAPL. Though he failed to take his first opportunity to do so, we must keep the pressure on him as the legal battle continues.
Today’s decision temporarily kicks the decision back to Judge James Boasberg, who says he intends to make a ruling by April 19 on the matter. We now have at least another 10 days to let the White House know we don’t accept DAPL’s continued operation. So please don’t slow down. Please continue sharing our call to action. Tell Biden: #NODAPL.
Whether Judge Boasberg will pass an injunction against the pipeline is anyone’s guess. There is reason to be at least moderately hopeful: he has already ruled in Standing Rock’s favor once. Last year, after vitiating DAPL’s permit because many of the tribe’s legitimate concerns were never met by the Army Corps or the pipeline’s operators, Boasberg ordered it emptied within 30 days. But he was temporarily overruled by a higher court, which asked him to consider a more stringent test.
Now, we expect Boasberg will make his final decision on April 19 — unless Biden decides to act first. We can’t take anything for granted with the courts, so let’s keep pushing hard for the political solution. Know that your support is critical to aiding us as we remain vigilant here in Lakota Country. Please continue to spread our petition to President Biden far and wide. It’s now or never!
Wopila tanka — thank you for fighting to end DAPL’s threat to our sacred lands and water!
Chase Iron Eyes
Co-Director & Lead Counsel
The Lakota People’s Law Project