The Denver Post

Tribes seeking to challenge Dakota Access pipeline study

- By Blake Nicholson

BISM A RCK, N . D. » Four Native American tribes that are fighting the Dakota Access oil pipeline in court are seeking to challenge the recent conclusion of federal officials that a spill would not greatly impact tribal population­s.

The Standing Rock, Cheyenne River, Yankton and Oglala Sioux tribes have all sought permission from U.S. District Judge James Boasberg to contest recent findings that the U.S. Army Corps of Engineers provided the judge.

Boasberg is working with the North Dakota and South Dakota tribes, along with the Corps and Texas-based pipeline developer Energy Transfer Partners, to determine the best way to proceed. A status conference is scheduled Wednesday in his courtroom in Washington.

The 140-page report from the Corps details more than a year of what the agency says is “additional analysis” of the $3.8 billion pipeline, which began moving North Dakota oil to a shipping point in Illinois in June 2017.

But even the nature of the work is in dispute. The tribes contend the Corps has simply rubber-stamped earlier conclusion­s that were blessed by proenergy President Donald Trump days after he took office.

The tribes call the work a sham and argue that the Corps either didn’t allow them adequate input or give enough weight to the informatio­n they provided. The Corps has said the tribes have been difficult to work with.

Boasberg in June 2017 ruled that the Corps largely complied with environmen­tal law when permitting the pipeline but needed to do more study of its impact on tribal rights.

The agency completed the work in August but didn’t release the full report until October, after it had been vetted by the federal Pipeline and Hazardous Materials Safety Administra­tion for sensitive informatio­n.

The report includes a lot of technical, scientific informatio­n the Corps says backs up its earlier determinat­ion that the chances of an oil spill are low and that any effects on tribal rights including hunting and fishing would be limited.

One section deals with the concept of environmen­tal justice and whether the project poses a higher risk of adverse impacts to minority and poor people.

The pipeline skirts the northern edge of the Standing Rock Reservatio­n and crosses beneath the Lake Oahe reservoir on the Missouri River, which provides water for the suing tribes. Boasberg in June 2017 criticized the Corps for focusing its study more on the mostly white demographi­cs near the crossing, and the tribe accused the Corps of gerrymande­ring because its study area didn’t include the reservatio­n.

The Corps report says extending the area of its analysis to include more minority population­s doesn’t change its conclusion, given what it says is a low risk of a catastroph­ic spill.

“The mere presence of large minority or low-income population­s in the affected area does not alone determine the presence of disproport­ionately high and adverse environmen­tal impacts,” the report says.

The report acknowledg­es that a spill could hurt water quality for spiritual ceremonies, medicinal and ceremonial plants, and other tribal uses, but it says any such effects would be temporary.

The Corps also studied water intakes on the Standing Rock and neighborin­g Cheyenne River reservatio­ns downstream from the river crossing, as well as intakes near a potential crossing much farther north of the reservatio­ns, in the Bismarck area. That site was studied and ultimately scrapped.

 ?? Robyn Beck, Getty Images file ?? Members of the Standing Rock Sioux Tribe and their supporters opposed to the Dakota Access Pipeline confront bulldozers working on the new oil pipeline on Sept. 3, 2016, in an effort to make them stop near Cannon Ball, N.D.
Robyn Beck, Getty Images file Members of the Standing Rock Sioux Tribe and their supporters opposed to the Dakota Access Pipeline confront bulldozers working on the new oil pipeline on Sept. 3, 2016, in an effort to make them stop near Cannon Ball, N.D.

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