Army Corps of Engineers Will Not Grant Easement to Dakota Access Pipeline Without Full Review

Today Assistant Secretary Jo-Ellen Darcy of the Army Corps of Engineers advised Chairman Harold Frazier of the Cheyenne River Sioux Tribe that the United States will not grant the easement that Dakota Access needed to cross under our sacred Missouri River until it has conducted a full review, including consideration of alternate routes that are respectful of tribal rights and interests. This decision will prevent Dakota Access from any drilling under the tribal waters of Mni Sose at this time.

Chairman Frazier responded with profound gratitude for the water protectors and their allies who have fought for this decision. He said, “Thank you from the very bottom of my heart to the water protectors, whose peaceful and prayerful resistance and courage in the face of brutality and ignorance made this day possible. I am so proud today of our Native people and our non-Native allies. Creator put us on this earth to protect Unci Maka and today we have achieved a victory for our Grandmother Earth.”

Chairman Frazier also commended President Barack Obama’s honorable decision. “I thank President Barack Obama and the United States for this historic decision that will do much to restore the faith of the Lakota people in the country that has treated us so dishonorably for so long.”

Chairman Frazier was quick to say that the work of the water protectors is not over, as the Tribe expects Dakota Access to litigate this issue. The Cheyenne River Sioux Tribe is prepared to respond to any litigation on this issue.

The legal team of Fredrick, Peebles and Morgan issues this statement on behalf of the tribe. “It is not clear exactly what the review process for the easement will look like going forward, but it is certain that Dakota Access will challenge it in federal court and the Tribe is prepared to fight back. It appears that the Corps will be actively considering alternative routes, and the Cheyenne River Sioux Tribe will insist on being full and active participants in consultation on that. Although no timeframe was given as to when the full review will begin, the Tribe does not expect it to conclude until after January 1, 2017. The Tribe intends to continue providing all the evidence and argument to show why the United States should not approve any alternative that jeopardizes our Treaty-derived right to clean water or our sacred sites.”

Chairman Frazier reiterated that he understands that the water protectors have no plans to vacate the Standing Rock camp at this point. “Today we won the battle, but our fight is not yet over. While we will savor this victory, we must continue to prepare for the long road ahead of us. The court battle will continue and the political battle will wage on. But we will never stop fighting for our Unci Maka.”

He added, “To the water protectors and the veterans on the ground now, thank you for your commitment and perseverance in the face of harsh and brutal conditions, your actions demonstrate the true meaning courage. I want to extend my special thanks to Sophia Wilanksy.”

Water protectors around the world are celebrating today’s victory, which comes just one day before another round of veterans are due to arrive in Standing Rock to act as protection to the water protectors who have been at camp Oceti Sakowin since August. While the fight continues for now, the mood is celebratory as people come together in gratitude for this new developmen

Wopila tanka, Tunkasila! Wopila tanka, water protectors! Wopila tanka, Barack Obama!

(Thank you, Creator! Thank you, water protectors! Thank you, Barack Obama!)

Native American "water protectors" celebrate that the Army Corps of Engineers has denied an easement for the $3.8 billion Dakota Access Pipeline inside of the Oceti Sakowin camp as demonstrations continue against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S., December 4, 2016. REUTERS/Lucas Jackson

Photo by REUTERS/Lucas Jackson

2 thoughts on “Army Corps of Engineers Will Not Grant Easement to Dakota Access Pipeline Without Full Review

  1. All of the Constitutional violations stated below need to be taken into the Federal Courts as soon as possible:
    Constitutional Violations in regards to the DAPL actions:
    There are a vast number of Civil Rights violations against the Water Protectors and a myriad of groups and individuals opposing the pipeline that include every one of the clauses cited in the 1 st Amendment, clauses within the 4th, 5th , 6th, 8th, 9th and 14th Amendments.
    Amendment I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
    Religious rights are certainly being violated in numerous ways, including interfering with prayers and religious ceremonies where activist have been stopped, seized, beaten and arrested.
    Most certainly the freedom of speech in the right to air your opinions have been under constant attack with weapons used against those practising free speech.
    The freedom of the press has been violated numerous occasions, including the arrest of reporters on trumped up charges which has been thrown out in court, As well as incidents of violence against reporters doing their jobs.
    Absolutely the Right to Peaceful Assembly has been under constant attacks for months and weapons used against unarmed people, as well as hundreds of arrests for natives “trespassing?” on Tribal Lands granted under the Fort Laramie Treaty as they attempt to protect their lands, water, ceremonial and burial sites….
    The entire demonstration is certainly an exercise in the Right to Petition the Government for Grievances and such has been violated hundreds of times, including using weapons designed for war against those presenting the grievances.
    Every single clause of the 1st Amendment is in violation by the pipeline company and their “law enforcement?” enforcers which are protecting private business interest over the Rights of the People.
    Amendment IV
    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
    There have been extreme violations of the 4th Amendment Rights as people have had the personal and religious items seized, including tools (such as drones) used to report and monitor the illegal actions of police and public officials. All of which are very well documented via live video, photos, hundreds of witnesses on site and tens of thousands watching live on Social Media.
    Amendment V
    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
    The 5th Amendment is in clear violation as people are falsely arrested for felony charges with no prior Grand Jury proceedings and often time being arrested on multiple occasions for essential the same false criminal charges. They have had their lives put in jeopardy and limbs (including be attack dogs and “non-lethal?” weapons which in fact can be very lethal) injured by illegal police and private security actions which have not in fact had the required Grand Jury Proceedings. Properties have been seized and even when returned been badly damaged or destroyed.
    Amendment VI
    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
    Countless arrest have been made and people taken into custody without being informed of their rights to legal counsel and in not case was a jury ever seated to try the cases. The vague charges brought against defendants (and usually dismissed by a presiding Judge) which have no basis in facts and no real charge that can stand up in court are even presented. Nor, in most cases at least, do the accused have witnesses in their favor, though many have witnessed the false arrests and illegal behavior of police, including acts of violence.
    Amendment VIII
    Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
    On many occasions arrest have been made and no bail place for days or weeks. The cruel and unusual punishments inflicted during and following arrest as more than well documented, including life threatening ones which have caused major harm to individuals.
    Attacks by uniformed officials have been endemic and clearly violate 8th Amendment’s prohibition of cruel and unusual punishment. Using weapons against unarmed people, including such said to be non-lethal ones such as tear gas, pepper spread, high caliper rubber bullets capable of inflicting major bodily harm and indeed dozens have required hospitalization, even having caused at least one heart attack. Spraying people with cold water in sub-freezing temperatures which can be fatal. Having used attack dogs against women and children…..
    Amendment IX
    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
    The Ninth Amendment was James Madison’s attempt to ensure that the Bill of Rights was not seen as granting to the people of the United States only the specific rights it addressed. In recent years, some have interpreted it as affirming the existence of such “unenumerated” rights outside those expressly protected by the Bill of Rights.
    Such unenumerated rights most certainly include those guaranteed in the Treaty Rights of First Nations Peoples (Native Americans) for the preservation of their cultures and ways of life. The Right to Protect their sources of water certainly apply.
    Amendment XIV
    Section 1.
    All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
    With over 300 pipeline spills, from minor to major, in North & South Dakota alone over just the past two years it is patently a lie that there is no danger of spills occurring on the Dakota Access Pipe Line.

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