Standing Rock takes Dakota Access Pipeline fight to appeals court after shutdown lawsuit dismissed

Image courtesy of Nasa Earth Observatory

The Standing Rock Sioux Tribe is appealing to the D.C. Circuit Court after a federal judge dismissed their lawsuit that aimed to shut down the Dakota Access Pipeline for operating without proper authorization. The tribe argues the pipeline lacks a required easement to cross under Lake Oahe on the Missouri River. The Army Corps of Engineers originally granted the easement in 2017, but it was revoked in 2020 when a judge found the agency hadn’t completed the required environmental reviews. Five years later, the Corps still hasn’t finished its environmental study, publishing only a draft in late 2023. Standing Rock contends the pipeline’s continued operation without an easement violates federal law. U.S. District Judge James Boasberg dismissed the case in March, ruling courts cannot intervene until the environmental study is complete. Standing Rock Chairwoman Janet Alkire criticized the Corps, saying “we cannot rely on the Corps to properly evaluate DAPL” and expressed concern the study will “whitewash” environmental risks to their water supply and cultural sites.