The Standing Rock Sioux Tribe has filed a new lawsuit against the U.S. Army Corps of Engineers, asserting that the Dakota Access Pipeline (DAPL) is operating illegally and must be shut down. This legal action underscores the tribe’s ongoing opposition to the pipeline, which they argue threatens their water supply, cultural sites, and sovereignty.
Legal Grounds for the Lawsuit
The lawsuit, filed in the U.S. District Court for the District of Columbia, claims that the Army Corps of Engineers has violated federal regulations by allowing DAPL to operate without a valid easement and without conducting sufficient environmental impact studies. The tribe’s complaint highlights several key points:
- Easement Issues: The Army Corps approved an easement for the pipeline in 2017, but a federal judge revoked it in 2020, citing inadequate environmental assessments.
- Environmental Concerns: The tribe argues that the pipeline poses a risk to their water supply and sacred sites, particularly as it runs under Lake Oahe, a reservoir on the Missouri River.
- Construction Violations: A recent engineering report raised concerns about the construction process, indicating that up to 1.4 million gallons of drilling mud may have been unaccounted for, potentially contaminating surrounding soil.
Standing Rock Sioux Tribe Chairwoman Janet Alkire emphasized the importance of protecting their water and rights, stating, “We are fighting for our rights and the water that is life for Oceti Sakowin tribes.”
Background on the Dakota Access Pipeline
The Dakota Access Pipeline stretches over 1,000 miles, transporting crude oil from North Dakota to Illinois. Since its operation began in 2017, the pipeline has faced significant opposition from the Standing Rock Sioux Tribe and environmental activists, who argue that it violates treaties and poses environmental risks.
The Army Corps of Engineers has jurisdiction over the section of the pipeline that crosses under Lake Oahe, which is located just upstream from the Standing Rock Reservation. The tribe’s lawsuit is partly motivated by concerns raised in a 2024 engineering report commissioned by Greenpeace, which questioned the integrity of the pipeline’s construction.
Ongoing Legal and Environmental Concerns
The lawsuit comes amid ongoing scrutiny of Energy Transfer, the company behind DAPL. The tribe points to past enforcement actions against Energy Transfer related to other pipeline projects as evidence of the company’s disregard for environmental regulations.
- Environmental Violations: The Environmental Protection Agency proposed a ban on Energy Transfer from future federal contracts due to a criminal pollution case involving two pipelines in Pennsylvania.
- Cultural Site Damage: The tribe alleges that the construction of DAPL has caused damage to Native burial sites, a claim that Energy Transfer denies.
The complaint also highlights the Army Corps’ failure to require Energy Transfer to share emergency response plans with the tribe, raising concerns about preparedness in the event of a spill.
The Path Forward
As the Standing Rock Sioux Tribe continues its legal battle against the Dakota Access Pipeline, the outcome of this lawsuit could have significant implications for the future of the pipeline and the rights of Indigenous communities. The tribe’s commitment to protecting their water and cultural heritage remains steadfast, as they seek accountability from both the Army Corps of Engineers and Energy Transfer.
The legal proceedings are ongoing, and the tribe’s representatives have expressed hope that their efforts will lead to a resolution that prioritizes environmental protection and respects Indigenous rights.
Comments