Every year since 2016, the Tribal council has voted unanimously to continue legal challenges to the pipeline, which shuttles 600,000 barrels of crude oil a day within a mile upstream from the Standing Rock reservation. An oil spill into the nearby Missouri River would destroy the Tribe’s way of life. Earthjustice has represented the Tribe in its litigation.
On March 25, the Tribe gained a significant victory after a federal court struck down a permit to route the pipeline under the Missouri River, finding that the U.S. Army Corps of Engineers failed to consider the health and environmental impacts to the Tribe in the event of an oil spill. The court ordered the Corps to complete a full environmental review, and it also asked each side to weigh in on whether the pipeline should be shut down in the meantime.
The legal victory vindicates the Standing Rock Sioux’s perseverance. After the Tribe’s initial stand inspired global solidarity and a halt to the pipeline’s construction, the early wins were tragically reversed by the Trump administration, the oil started flowing, and the struggle shifted to the courts. The Tribe stood their ground through four years of legal fight and counting.
“After years of commitment to defending our water and earth, we welcome this news of a significant legal win,” says Standing Rock Sioux Tribe Chairman Mike Faith. “It’s humbling to see how actions we took four years ago to defend our ancestral homeland continue to inspire national conversations about how our choices ultimately affect this planet. Perhaps in the wake of this court ruling the federal government will begin to catch on, too, starting by actually listening to us when we voice our concerns.”
The March 25 court ruling could be the beginning of the end for the pipeline. The Standing Rock Sioux Tribe is now preparing to argue that DAPL should be shut down while the Army Corps completes its review.
“This validates everything the Tribe has been saying all along about the risk of oil spills to the people of Standing Rock,” says Hasselman. “The Obama administration had it right when it moved to deny the permits in 2016, and this is the second time the Court has ruled that the government ran afoul of environmental laws when it permitted this pipeline. We will continue to see this through until DAPL has finally been shut down.”
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