April 9, 2021

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.

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

An official with the Army Corps of Engineers reportedly told critics that the agency won’t be shutting down the Dakota Access pipeline. 

Dallas Goldtooth, an official with the Indigenous Environmental Network, told Bloomberg that Corps official Stacey Jensen said this to people who opposed the pipeline during a call on Thursday. 

The report comes as Biden administration lawyers are expected to detail their position during a court hearing on Friday. 

The hearing comes after an appeals court upheld a lower court decision that an easement that permitted the pipeline’s construction did not undergo a sufficient environmental review. 

The appeals court reversed the lower court’s decision that the pipeline should be shut down and said “it may well be” that the Corps should require “the pipeline to cease operation.” 

Official says feds won’t shut down Dakota Access pipeline BY RACHEL FRAZIN. The Hill, 04/09/21

In a huge blow to the Standing Rock Sioux Tribe, other Tribes and environmental groups, the Biden administration today said that it won’t shut down the illegally constructed Dakota Access Pipeline (DAPL), effectively maintaining the Trump position on the pipeline.

Speaking before a federal judge, representatives of the U.S. Army Corps of Engineers under the Biden administration indicated that the agency will not shutter DAPL, despite the ongoing threats it poses to the Standing Rock Sioux Tribe and the fact that it is operating without a federal permit, according to a statement from Earthjustice and the Tribe.

“Although President Joe Biden recently announced intentions to improve Tribal consultation and initiate long-term action to tackle climate change, his administration took a stance today that was identical to that of former President Trump,” the group and Tribe said.

Standing Rock Sioux Tribe ‘gravely concerned’ about DAPL’s continued operation under Biden by Dan Bacher, Daily Kos, April 9, 2021