Dakota Access Pipeline construction halted as easement denied by Department of the Army

CANNON BALL, N.D.— 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.

The Dakota Access Pipeline is an approximately 1,172 mile pipeline that would connect the Bakken and Three Forks oil production areas in North Dakota to an existing crude oil terminal near Pakota, Illinois. The pipeline is 30 inches in diameter and is projected to transport approximately 470,000 barrels of oil per day, with a capacity as high as 570,000 barrels. The current proposed pipeline route would cross Lake Oahe, an Army Corps of Engineers project on the Missouri River.

“Our prayers have been answered,” National Congress of American Indians President Brian Cladoosby said in a statement. “This isn’t over, but it is enormously good news. All tribal peoples have prayed from the beginning for a peaceful solution, and this puts us back on track.”

The following statement was released by Standing Rock Sioux Tribal Chairman Dave Archambault II.

“Today, the U.S. Army Corps of Engineers announced that it will not be granting the easement to cross Lake Oahe for the proposed Dakota Access Pipeline. Instead, the Corps will be undertaking an environmental impact statement to look at possible alternative routes. We wholeheartedly support the decision of the administration and commend with the utmost gratitude the courage it took on the part of President Obama, the Army Corps, the Department of Justice and the Department of the Interior to take steps to correct the course of history and to do the right thing.

The Standing Rock Sioux Tribe and all of Indian Country will be forever grateful to the Obama Administration for this historic decision.

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.

Throughout this effort I have stressed the importance of acting at all times in a peaceful and prayerful manner – and that is how we will respond to this decision. With this decision we look forward to being able to return home and spend the winter with our families and loved ones, many of whom have sacrificed as well. We look forward to celebrating in wopila, in thanks, in the coming days.

We hope that Kelcey Warren, Governor Dalrymple, and the incoming Trump administration respect this decision and understand the complex process that led us to this point. When it comes to infrastructure development in Indian Country and with respect to treaty lands, we must strive to work together to reach decisions that reflect the multifaceted considerations of tribes.

Treaties are paramount law and must be respected, and we welcome dialogue on how to continue to honor that moving forward. We are not opposed to energy independence, economic development, or national security concerns but we must ensure that these decisions are made with the considerations of our Indigenous peoples.

To our local law enforcement, I hope that we can work together to heal our relationship as we all work to protect the lives and safety of our people. I recognize the extreme stress that the situation caused and look forward to a future that reflects more mutual understanding and respect.

Again, we are deeply appreciative that the Obama Administration took the time and effort to genuinely consider the broad spectrum of tribal concerns. In a system that has continuously been stacked against us from every angle, it took tremendous courage to take a new approach to our nation-to-nation relationship, and we will be forever grateful.

Attorney General Loretta E. Lynch today released the following statement regarding the decision by the Department of the Army in the Dakota Access Pipeline matter:

“In light of today’s decision by the Department of the Army regarding the Dakota Access Pipeline, the Department of Justice will continue to monitor the situation in North Dakota in the days ahead and we stand ready to provide resources to help all those who can play a constructive role in easing tensions.

“The department remains committed to supporting local law enforcement, defending protestors’ constitutional right to free speech and fostering thoughtful dialogue on the matter. We recognize the strong feelings that exist in connection with this issue, but it is imperative that all parties express their views peacefully and join us in support of a deliberate and reasonable process for de-escalation and healing.

“The safety of everyone in the area – law enforcement officers, residents and protesters alike – continues to be our foremost concern.”