September 9. Judge James E. Boasberg denies the motion for a preliminary injunction against DAPL by CRST and SRST and submits a 58-page memorandum in support of his decision.
September 9. click here. Within 30 minutes, a "Joint Statement from the Department of Justice, the Department of the Army and the Department of the Interior regarding Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers" overrules Judge Boasberg and demands that construction of the DAPL must cease on public lands, pending review, and requests a voluntary halt on private land.
September 16. Status conference with Judge James E. Boasberg. Transcript here. See 31-page discussion (begin on page 147) between the Judge and the Corps where a composed, but clearly miffed judge, pointedly asks the Corps why it put him through the arduous process of issuing a ruling under a time constraint when they knew it would be overturned.
November 14. Corps press release click here
December 4. See final denial of easement by Corps.
Here, some of the missing documents, noted by the Cheyenne Sioux Reservation, are identified by Assistant Secretary Darcy.
"Because of Security concerns and sensitivities, several documents supporting the environmental assessment were marked confidential and withheld from the public or representatives and experts of the Standing Rock Sioux Tribe. These documents include a North Dakota Lake Oahe Spill Model Discussion prepared by the Wood Group Mustang, the Lake Oahe Risk HDD Risk Analysis Report, and the DAPL-Route Comparison and Environmental Justice Considerations Memorandum."
December 5. DAPL files a request for a summary judgment "that the U.S. Army Corps of Engineers has issued a right of way under 30 U.S.C. 185(a) allowing Dakota Access LLC and its successors and affiliates to construct, operate, and maintain an oil pipeline beneath federal land at Lake Oahe, North Dakota, and that the right-of-way is subject to the "Conditions of Easement (Lake Oahe)" set forth in the July 25, 2016 Mitigated Findings of No Significant Impact."
December 7. The Cheyenne River Sioux Tribe files a Summary Request. "The administrative record remains incomplete, as there are approximately 30 documents that still have not been produced. The Tribes stand ready to work with the other parties to resolve any outstanding disputes over confidentiality."
A Status Conference is set for Friday, December 9.
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