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Related: About this forumI have good news and don't know how to share it
So I'm just putting it here--maybe someone with more experience can take it on. I'm late for an appointment or I'd figure it out. (Did post it as reply to another thread.)
https://www.justice.gov/opa/pr/joint-statement-department-justice-department-army-and-department-interior-regarding-standing
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I have good news and don't know how to share it (Original Post)
Lulu KC
Sep 2016
OP
lamp_shade
(15,102 posts)1. I think this is fantastic news for the Standing Rock Sioux Tribe.
lamp_shade
(15,102 posts)2. From the Washington Post...
https://www.washingtonpost.com/news/post-nation/wp/2016/09/09/federal-judge-denies-standing-rock-sioux-tribes-request-to-stop-work-on-four-state-oil-pipeline/?utm_term=.df2cb7fb3202
"But that decision by District Judge James E. Boasberg was immediately put on hold by a Justice Department order to stop construction near the tribes reservation until the Army Corps of Engineers can revisit its previous decisions in the disputed portion."
"But that decision by District Judge James E. Boasberg was immediately put on hold by a Justice Department order to stop construction near the tribes reservation until the Army Corps of Engineers can revisit its previous decisions in the disputed portion."
dixiegrrrrl
(60,011 posts)3. Here is the statement:
The Army will not authorize constructing the Dakota Access pipeline on Corps land bordering or under Lake Oahe until it can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws. Therefore, construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time. The Army will move expeditiously to make this determination, as everyone involved including the pipeline company and its workers deserves a clear and timely resolution. In the interim, we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.
Furthermore, this case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes views on these types of infrastructure projects. Therefore, this fall, we will invite tribes to formal, government-to-government consultations on two questions: (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals.
Finally, we fully support the rights of all Americans to assemble and speak freely. We urge everyone involved in protest or pipeline activities to adhere to the principles of nonviolence. Of course, anyone who commits violent or destructive acts may face criminal sanctions from federal, tribal, state, or local authorities. The Departments of Justice and the Interior will continue to deploy resources to North Dakota to help state, local, and tribal authorities, and the communities they serve, better communicate, defuse tensions, support peaceful protest, and maintain public safety.
In recent days, we have seen thousands of demonstrators come together peacefully, with support from scores of sovereign tribal governments, to exercise their First Amendment rights and to voice heartfelt concerns about the environment and historic, sacred sites. It is now incumbent on all of us to develop a path forward that serves the broadest public interest.
Furthermore, this case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes views on these types of infrastructure projects. Therefore, this fall, we will invite tribes to formal, government-to-government consultations on two questions: (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals.
Finally, we fully support the rights of all Americans to assemble and speak freely. We urge everyone involved in protest or pipeline activities to adhere to the principles of nonviolence. Of course, anyone who commits violent or destructive acts may face criminal sanctions from federal, tribal, state, or local authorities. The Departments of Justice and the Interior will continue to deploy resources to North Dakota to help state, local, and tribal authorities, and the communities they serve, better communicate, defuse tensions, support peaceful protest, and maintain public safety.
In recent days, we have seen thousands of demonstrators come together peacefully, with support from scores of sovereign tribal governments, to exercise their First Amendment rights and to voice heartfelt concerns about the environment and historic, sacred sites. It is now incumbent on all of us to develop a path forward that serves the broadest public interest.
lamp_shade
(15,102 posts)4. Kick