On the 5th of October,the U.S. Court of Appeals for the District of Columbia Circuit held a hearing on the tribe’s request for an injunction against construction of the Dakota Access Pipeline during the appeal process of previous decisions. The builders of this pipeline have a record of trying to finish as much construction as possible before court cases can be heard. After the Oct 5 hearing. Standing Rock Sioux Tribe Chairman Dave Archambault II gave a statement outside the courthouse
The court hearing was reported to be confused, with many questions asked about where the US Army Corps of Engineers has jurisdiction, nuts and bolts logistics questions, that sort of thing. The judge can now rule at any time. If no injunction is kept in place during the appeals process there are worries that the result will be an immediate attempt to make the appeal moot by building the pipeline under the Missouri River immediately. Doing so would require taking on the more than 5,000 people now at Camp Sacred Stone and Red Warrior Camp. Not doing so would guarantee that Energy Transfer, Sunoco, et all miss their contracts to start delivering oil in January 2017 and would have to pay out damages, thus the question of “expedited review” came up.
The judge has some hard questions concerning the pipeline builders’ choice to build portions of the pipeline on speculation without having the necessary permits to cross the Missouri River. Without crossing the river somewhere the Dakota Access Pipeline could never be finished and never be used. Thus, if the Standing Rock Sioux ultimately prevail in these court hearings, either a lot of already built pipeline will have to be abandoned for a new attempt to cross the river elsewhere, or the entire pipeline abandoned. The latter is the victory over the Black Snake pipeline sought by the Standing Rock Sioux Tribe,over 5,000 water protectors in North Dakota, and millions of peope globally according to Chairman Dave Archambault II.
Video-Statement by Standing Rock Sioux Tribe Chairman Dave Archambault II in front of the courthouse plus some questions answered by the tribe’s attorney