This just out in the last 2 hours.
In a two page order the DC Circuit Court of Appeals turns down the motion of the Standing Rock Sioux Tribe for an injunction against the construction of the Dakota Access Pipeline, pending a final resolution of their appeal, that affected the planned pipeline right of way on private private lands 20 miles either side of Lake Oahe (impoundment on the Missouri River):
www.startribune.com/…
www.kfyrtv.com/…
www.nbcnews.com/…
www.duluthnewstribune.com/…
Energy Transfer Partners is now free to continue construction in the segment that was contested by the Standing Rock Sioux Tribe.
The Tribe had been attempting to invoke the National Historic Preservation Act in regard to privately owned lands outside of the Army Corps land by Lake Oahe. However, the Army Corps of Engineers did not have jurisdiction over those private lands and the Court of Appeals rejected the Plaintiff-Appellant argument made by EarthJustice on behalf of the Standing Rock Sioux Tribe.
Monday, Oct 10, 2016 · 4:31:30 AM +00:00 · LakeSuperior
This decision does not change the fact that Energy Transfer Partners still does not have a real estate easement necessary for construction of the Dakota Access Pipeline through Army Corps lands adjacent to and under Lake Oahe. There is no court injunction in effect barring the Army Corps from issuing the easement. However issuance of the real estate easement over
Army Corps lands is still being contested by Tribal Plaintiffs at the DC District Court level, and is being held up by the Obama Administration under an indefinite delay.