To Understand Dakota Access Pipeline, Understand ‘Laches’

You could choose “Monday,” the day that oil could start to flow through the Dakota Access Pipeline.

You could choose “protest.” Or “Trump.”

But if we had to choose the one word that best sums up the conflict over the pipeline, it would be this one:

“Lache.”

Never heard of it? Neither had we—until we read U.S. District Judge James Boasberg’s opinion last week, in which the Obama appointee denied the Standing Rock and Cheyenne River Sioux tribes’ request to stop construction of the pipeline’s last link.

And Boasberg’s opinion centers on that word, “lache.” So let’s take a look at this word, which is little-known outside of legal circles but hugely useful in its descriptive power.

A lache is the doctrine that “a legal right or claim will not be enforced if a long delay in asserting the right or claim has hurt the opponent as a sort of ‘legal ambush,'” Law.com explains.

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