The Association on American Indian Affairs (the Association), University of New Mexico School of Law Environmental Law Clinic, and the Pueblo of Pojoaque, have joined in an amici brief in the Standing Rock Sioux and Cheyenne River Sioux Tribes’ motion of partial summary judgment to provide important insight to the court on the trust responsibility that the United States has to Indian Tribes to protect tribal interests through tribal consultations and federal laws, such as the National Environmental Protection Act (NEPA).
At stake are important environmental and cultural resources, including waterways, burial sites, and the traditional resources, of the Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe, along the proposed Dakota Access Pipeline, which is now set to be drilled under Lake Oahe. Despite announcing scoping comments for an Environmental Impact State (EIS) under the normal procedures required under NEPA, the Army Corps of Engineers announced an about-face and approved the permit for the Dakota Access Pipeline without environmental and cultural reviews after a directive was issued by President Donald J. Trump regarding the Construction of the Dakota Access Pipeline. Amici call forth the responsibilities that the United States government has toward American Indian tribes, stating that:
This pivotal moment in the history of the Standing Rock Sioux Tribe and many other Tribes may determine whether the continued protection of the Lakota, Dakota, and Nakota Peoples’ traditional lifeways dependent on natural resources will survive for future generations. The Standing Rock Sioux Tribe is at the brink of losing their cultural and natural resources due to the impending advancement of the Dakota Access Pipeline across Lake Oahe and other tribal lands. These lands are intertwined with their Ancestors, belief systems, sacred places, water supply, and treaty rights. Without the required federal environmental and cultural reviews, and the tribal consultations mandated under federal law, the United States disregards the various impacts of the pipeline to these lands. At risk in this case is the destruction of sacred sites and the contamination of tribal waters. Both are deeply interwoven with tribal health, safety, and welfare, and are integral to tribal life since time immemorial. This neglect by the United States to carry out its trust and fiduciary duties is tantamount to an environmental assault and will have dire consequences across Indian Country. Furthermore, it is an abrogation of the trust doctrine and violates what is owed to tribes under the solemn federal-tribal relationship.
At stake are important environmental and cultural resources, including waterways, burial sites, and the traditional resources, of the Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe, along the proposed Dakota Access Pipeline, which is now set to be drilled under Lake Oahe. Despite announcing scoping comments for an Environmental Impact State (EIS) under the normal procedures required under NEPA, the Army Corps of Engineers announced an about-face and approved the permit for the Dakota Access Pipeline without environmental and cultural reviews after a directive was issued by President Donald J. Trump regarding the Construction of the Dakota Access Pipeline. Amici call forth the responsibilities that the United States government has toward American Indian tribes, stating that:
This pivotal moment in the history of the Standing Rock Sioux Tribe and many other Tribes may determine whether the continued protection of the Lakota, Dakota, and Nakota Peoples’ traditional lifeways dependent on natural resources will survive for future generations. The Standing Rock Sioux Tribe is at the brink of losing their cultural and natural resources due to the impending advancement of the Dakota Access Pipeline across Lake Oahe and other tribal lands. These lands are intertwined with their Ancestors, belief systems, sacred places, water supply, and treaty rights. Without the required federal environmental and cultural reviews, and the tribal consultations mandated under federal law, the United States disregards the various impacts of the pipeline to these lands. At risk in this case is the destruction of sacred sites and the contamination of tribal waters. Both are deeply interwoven with tribal health, safety, and welfare, and are integral to tribal life since time immemorial. This neglect by the United States to carry out its trust and fiduciary duties is tantamount to an environmental assault and will have dire consequences across Indian Country. Furthermore, it is an abrogation of the trust doctrine and violates what is owed to tribes under the solemn federal-tribal relationship.
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Water Protectors have gathered, prayed, and camped on the banks of Lake Oahe in opposition to the Dakota Access Pipeline since the spring. On February 22, 2017, enforcement is being sent into the camps to remove all people at 2 p.m.
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