Dakota Access LLC Fights Back in New Lawsuit Filed by Standing Rock Sioux Tribe
In a dramatic development last week, the owner of the controversial Dakota Access Pipeline (DAPL), Dakota Access LLC, became the latest entity to enter the legal battle over the pipeline’s operation. The company is now officially involved in the lawsuit filed by the Standing Rock Sioux Tribe against the U.S. Army Corps of Engineers, a legal skirmish that could have significant implications for the future of the pipeline.
The tribe’s lawsuit, which was filed in October, accuses the Army Corps of granting the necessary permits for DAPL’s operation without conducting an essential environmental impact study or establishing adequate emergency spill response plans. The tribe is now pushing for a federal court to force the pipeline’s closure. Dakota Access, however, has responded by requesting to join the lawsuit, citing the protection of its financial and business interests as the primary reason for its involvement.
This legal maneuver adds another layer of complexity to an already tense situation. Dakota Access spent billions to develop the 1,172-mile pipeline, which has been transporting oil from the North Dakota Bakken region through South Dakota, Iowa, and Illinois since 2017. The company argues that its substantial investment and existing contracts obligate it to defend its right to operate the pipeline.
DAPL’s Legacy: From Construction to Legal Battles
Dakota Access LLC, in a brief filed with the court, pointed out that the pipeline has successfully transported over 1.4 billion barrels of oil without incident since its completion. Despite its operational track record, the company remains open to considering any mitigation measures that the Corps or the court deem appropriate. However, Dakota Access also expressed frustration, accusing the Standing Rock Sioux Tribe of “rehashing old ground” in their latest legal challenge.
The tribe’s ongoing legal efforts are not new. They first filed a lawsuit in 2016, before the pipeline was completed, to halt construction. In 2020, U.S. District Court Judge James Boasberg ruled that the Army Corps of Engineers had violated environmental regulations by granting the pipeline an easement to cross under Lake Oahe without conducting a thorough environmental review. That ruling forced the Corps to initiate a study, which is still pending.
Although Boasberg had ordered the pipeline to be drained of oil until the environmental review was completed, this decision was overturned by an appellate court. The higher court argued that there was insufficient evidence to show that the pipeline posed an immediate and irreversible threat to the tribe. Despite this, the tribe continues to challenge the pipeline’s construction, particularly concerning the section under Lake Oahe, which is a critical water source for the tribe.
Standing Rock Sioux Tribe’s Continued Opposition
The Standing Rock Sioux Tribe’s opposition to the pipeline is rooted in a long-standing concern for their sovereignty, cultural preservation, and the potential environmental risks the pipeline poses to their water supply. The tribe maintains that the pipeline violates their rights and endangers sacred sites along its route.
The section of the pipeline that crosses beneath Lake Oahe is under the jurisdiction of the U.S. Army Corps of Engineers, who are responsible for regulating this area. The lake, a reservoir on the Missouri River, is located just half a mile upstream from the Standing Rock Reservation. For years, the tribe has argued that the Corps has failed to uphold its responsibility to protect the tribe’s interests and environmental resources.
Standing Rock Sioux Tribe Chairwoman Janet Alkire, speaking at an October press conference announcing the new lawsuit, expressed frustration with the Corps’ inaction, stating that the government agency had “failed to act and failed to protect the tribe.” The tribe’s legal challenge now aims to present new evidence that questions the adequacy of the pipeline’s construction under Lake Oahe and the potential risks it continues to pose.
The Future of Dakota Access: What’s at Stake?
As Dakota Access LLC becomes a formal party to the lawsuit, the future of the pipeline hangs in the balance. If the court rules in favor of the Standing Rock Sioux Tribe, the pipeline could face significant operational restrictions, or even a complete shutdown, depending on the court’s interpretation of the tribe’s claims and the environmental evidence presented.
The outcome of this legal battle will have far-reaching consequences. Not only will it determine the fate of the Dakota Access Pipeline, but it could also set a precedent for how future energy projects are regulated and how Native American tribes assert their rights in environmental and sovereignty-related disputes.
As the legal process moves forward, the Standing Rock Sioux Tribe remains steadfast in its fight for justice, while Dakota Access LLC continues to defend its investment and the pipeline’s operation. The case promises to be a defining moment in the ongoing conflict between energy development, environmental protection, and indigenous rights in the United States.
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