Today, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments from the Standing Rock Sioux Tribe, U.S. Army Corps of Engineers, and Dakota Access. The Court is currently weighing whether or not to grant the Standing Rocks request for a emergency injunction against the pipeline project. Upon the hearing’s conclusion, MAIN Coalition spokesman Craig Stevens issued the following statement:
“We’re not going to attempt to divine the outcome of today’s hearing, however as Judge Boasberg articulated in his thoughtful and thorough opinion on September 9, the Army Corps of Engineers followed the proper regulatory process in consulting with 55 Native American tribes, including the Standing Rock Sioux, 389 times. Judge Boasberg went on to say in his opinion “that the Corps exceeded its NHPA obligations”. Even the Appellate Court, today, pointed out the Standing Rock Sioux tribe refused to engage several times with the Corps and Dakota Access, LLC.
The MAIN Coalition continues to believe as long as the ultimate decision on the Dakota Access Pipeline is determined based on the facts, science, engineering, and the rule of law it will be allowed to be completed and become operational without delay.”
For more insight on the case, we invite you to check out Forbes contributer and New York University law professor Richard Epstein’s analysis on the legal proceedings.