Federal Judge Denies Native American Last Minute Bid to Block Dakota Access Pipeline

Dakota U. S. District Judge James Boasberg has denied a motion by the Standing Rock and Cheyenne River Sioux tribes to block further work by Energy Transfer Partners on the Dakota Access pipeline construction beneath Lake Oahe. Judge Boasberg held that the tribes’ belated argument that any flow of oil beneath the water would spiritually pollute their sacred water source, and interfere with their religious freedom would not be harmed until “the spigots are turned on and the oil flows through the pipeline.” He said a full hearing on the religious freedom argument would take place February 27, before the pipeline section beneath the reservoir is functional.

Taking the side of ETP, the Army Corps of Engineers also argued that plenty of time remains for full airing of the tribes’ contentions before any oil will flow through the disputed section of the 1,200 mile, $3.8 billion pipeline.