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In a filing in
U.S. District Court in Washington, Jan Hasselman, a lawyer with
Earthjustice who represents the tribes, said the court should
rule, in a partial summary judgment, that the U.S. Army Corps of
Engineers violated the National Environmental Policy Act and
Clean Water Act by issuing the final permit.
That easement will allow the Dakota Access pipeline to be
completed by tunneling under Lake Oahe, a reservoir that forms
part of the Missouri River. It comes after Judge James Boasberg
on Monday denied the request by the Standing Rock Sioux and
Cheyenne River Sioux for a temporary restraining order stopping
the last stretch of construction.
Energy Transfer Partners is building the 1,170-mile (1,885 km)
line, which will run from North Dakota to Patoka, Illinois. The
last permit was denied in December and later subject to further
environmental review, by the outgoing Obama administration.
After taking office last month, President Donald Trump ordered
that steps be taken to expedite the permit. The Army Corps then
elected not to undergo the additional environmental review and
issued the permit last week.
The tribes' legal options are narrowing, according to Dave
Archambault II, chairman of the Standing Rock Sioux.
The case is 1:16-cv-1534-JEB, U.S. District Court of Washington,
D.C.
(Reporting by David Gaffen; Editing by Leslie Adler)
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