Friday, July 25, 2025, 5:53PM | 
MENU
Advertisement
A sign is seen at an encampment set up near Cannon Ball, N.D., Wednesday, Feb. 8, 2017, for opponents against the construction of the Dakota Access pipeline. Opponents have called for protests around the world Wednesday, Feb. 8, 2017, as the Army prepared to green-light the final stage of the $3.8 billion project's construction. The Army said Tuesday, Feb. 7, that it will allow the four-state pipeline to cross under a Missouri River reservoir in North Dakota, the last big chunk of construction. (AP Photo/James MacPherson)
10
MORE

Tribe files legal challenge to stall Dakota Access pipeline

James MacPherson

Tribe files legal challenge to stall Dakota Access pipeline

One of two American Indian tribes fighting the Dakota Access oil pipeline has filed a legal challenge to try to block its completion

CANNON BALL, N.D. (AP) — Construction of the Dakota Access pipeline under a North Dakota reservoir has begun and the full pipeline should be operational within three months, the developer of the long-delayed project said Thursday, even as an American Indian tribe filed a legal challenge to block the work and protect its water supply.

The Army granted Energy Transfer Partners formal permission Wednesday to lay pipe under Lake Oahe, clearing the way for completion of the 1,200-mile, $3.8 billion pipeline. ETP spokeswoman Vicki Granado confirmed early Thursday that construction resumed “immediately after receiving the easement.”

Workers had already drilled entry and exit holes for the crossing, and oil had been put in the pipeline leading up to the lake in anticipation of finishing the project.

Advertisement

“The estimate is 60 days to complete the drill and another 23 days to fill the line to Patoka,” Granado said, referring to the shipping point in Illinois that is the pipeline’s destination.

Work was stalled for months due to opposition by the Standing Rock Sioux and Cheyenne River Sioux, as well as a prolonged court battle between the developer and the Army Corps of Engineers that oversees the federal land where the last segment of the pipeline is now being laid. President Donald Trump last month instructed the Corps to advance pipeline construction.

The Cheyenne River Sioux on Thursday asked a federal judge to stop the Lake Oahe work while a lawsuit filed earlier by the two tribes against the pipeline proceeds. Attorney Nicole Ducheneaux said in court documents that the pipeline “will desecrate the waters upon which Cheyenne River Sioux tribal members rely.”

ETP didn’t immediately respond in court to the filing. U.S. District Judge James Boasberg didn’t immediately rule. Standing Rock Sioux attorney Jan Hasselman has said that tribe will also try to block the lake crossing in court.

Advertisement

An encampment near the construction site has drawn thousands of protesters since April in support of the Standing Rock Sioux, leading on occasions to clashes with law enforcement and hundreds of arrests.

Granado said she was not aware of any incidents involving pipeline opponents in the area. The Morton County Sheriff’s Office also said it had not responded to any incidents.

Tribal Chairman Dave Archambault said in a statement late Wednesday that the tribe is prepared to keep up the battle “in the courts.”

“We will continue to fight against an administration that seeks to dismiss not only our treaty rights and status as sovereign nations, but the safe drinking water of millions of Americans,” the chairman said.

The tribe fears a leak in the pipeline could contaminate drinking water at its reservation that is just downstream from the proposed Missouri River crossing. ETP says the pipeline will be safe.

In a statement Wednesday, North Dakota Gov. Doug Burgum urged “cooperation and restraint” from all parties and requested federal law enforcement assistance to keep the peace during construction that would transport North Dakota oil across four states to a shipping point in Illinois.

Protesters rallied in several cities across the country Wednesday. Demonstrators in Chicago targeted a bank. Others went to an Army Corps of Engineers office in New York City but were asked to leave when they started filming without a permit. Several people were arrested for blocking public access to a federal building in San Francisco.

Joye Braun and Payu Harris, two pipeline opponents who have been at the North Dakota encampment that’s been the focus of the pipeline battle since April, said in an interview at a nearby casino that there’s frustration but also resolve in the wake of the Army’s decision.

“The goal is still prayerful, nonviolent direct action,” Braun said.

The tribe maintains the decision violates its treaty rights, and its attorneys have vowed to keep fighting in court.

The Corps has notified protesters still at the encampment that the government-owned land will be closed Feb. 22. But according to Harris, a new camp is being established on private land.

“This is not over. We are here to stay. And there’s more of us coming,” he said.

An assessment conducted last year determined the river crossing would not have a significant effect on the environment. However, the Army in December decided further study was warranted to address tribal concerns.

The Corps launched an environmental impact study on Jan. 18, but Trump signed an executive action six days later telling the Corps to allow the company to proceed with construction.

Blake Nicholson reported from Bismarck, North Dakota. Follow him on Twitter at: http://twitter.com/NicholsonBlake

First Published: February 9, 2017, 3:19 p.m.

RELATED
SHOW COMMENTS (0)  
Join the Conversation
Commenting policy | How to Report Abuse
If you would like your comment to be considered for a published letter to the editor, please send it to letters@post-gazette.com. Letters must be under 250 words and may be edited for length and clarity.
Partners
Advertisement
David Mielnicki, left, and Debbie and Jerry Santucci, owners of Cafe Notte in Emsworth.
1
life
Cafe Notte sharpens its focus after transformation via a major TV makeover show
An aerial view of Hersheypark.
2
news
9-year-old dies in incident at The Boardwalk in Hersheypark
Pirates starting pitcher Johan Oviedo delivers against the St. Louis Cardinals in the first inning in Pittsburgh, Tuesday, Aug. 22, 2023.
3
sports
Pirates Pipeline: Johan Oviedo earns 1st win since 2023 as he inches closer to MLB
There is a large covered porch at the front of the house at 115 Forest Hills Road in Forest Hills.
4
life
Buying Here: Forest Hills home in its own 'mini-forest' listed for $425,000
New Steelers wide receiver DK Metcalf, (4), hauls in a pass during practice on the first day of Steelers Training Camp at Saint Vincent College in Latrobe Thursday, July 24, 2025.
5
sports
Steelers training camp observations: Aaron Rodgers-DK Metcalf connection is a work in progress
A sign is seen at an encampment set up near Cannon Ball, N.D., Wednesday, Feb. 8, 2017, for opponents against the construction of the Dakota Access pipeline. Opponents have called for protests around the world Wednesday, Feb. 8, 2017, as the Army prepared to green-light the final stage of the $3.8 billion project's construction. The Army said Tuesday, Feb. 7, that it will allow the four-state pipeline to cross under a Missouri River reservoir in North Dakota, the last big chunk of construction. (AP Photo/James MacPherson)  (James MacPherson)
Opponents of the Dakota Access oil pipeline protest at the San Francisco Federal Building in San Francisco, Wednesday, Feb. 8, 2017. Opponents of the Dakota Access oil pipeline called for protests around the world Wednesday as the Army prepared to green-light the final stage of the $3.8 billion project's construction. (AP Photo/Jeff Chiu)  (Jeff Chiu)
FILE - This Nov. 25, 2016, file satellite image taken by DigitalGlobe shows the construction site of the Dakota Access pipeline near Cannon Ball, N.D. Opponents of the pipeline called for protests around the world Wednesday, Feb. 8, 2017, as the Army prepared to greenlight the final stage of the $3.8 billion project's construction. The Army said Tuesday, Feb. 7, that it will allow the four-state pipeline to cross under a Missouri River reservoir in North Dakota, the last big chunk of construction. (DigitalGlobe via AP, File)  (AP)
People march outside developer Energy Transfer Partners headquarters, protesting the Army Corps of Engineers approval of the final section of the Dakota Access oil pipeline, Tuesday, Feb. 7, 2017. The Army said Tuesday that it will allow the $3.8 billion Dakota Access oil pipeline to cross under a Missouri River reservoir in North Dakota, clearing the way for completion of the disputed four-state project. (Tom Fox/The Dallas Morning News via AP)  (Tom Fox)
FILE - This Sept. 29, 2016, file photo, shows a section of the Dakota Access Pipeline under construction near the town of St. Anthony in Morton County, N.D. The Army has notified Congress Tuesday, Feb. 7, 2017, that it will allow the $3.8 billion Dakota Access pipeline to cross under a Missouri River reservoir in North Dakota, completing the four-state project to move North Dakota oil to Illinois. The Army intends to allow the crossing under Lake Oahe as early as Wednesday, Feb. 8. The crossing is the final big chunk of work on the pipeline. (Tom Stromme/The Bismarck Tribune via AP, File)  (Tom Stromme)
Pennie Opal Plant, second from top right, and other opponents of the Dakota Access oil pipeline block an entrance to the San Francisco Federal Building in San Francisco, Wednesday, Feb. 8, 2017. Opponents of the Dakota Access oil pipeline called for protests around the world Wednesday as the Army prepared to greenlight the final stage of the $3.8 billion project's construction. (AP Photo/Jeff Chiu)  (Jeff Chiu)
People standing outside developer Energy Transfer Partners headquarters protest the Army Corps of Engineers approval of the final section of the Dakota Access oil pipeline, Tuesday, Feb. 7, 2017. The Army said Tuesday that it will allow the $3.8 billion Dakota Access oil pipeline to cross under a Missouri River reservoir in North Dakota. The developer had hoped to have the pipeline operating by the end of 2016, but construction has been stalled while the Army Corps of Engineers and the Dallas-based company battled in court over the crossing. (Tom Fox/The Dallas Morning News via AP)  (Tom Fox)
Olivia One Feather, center, of the Standing Rock Sioux tribe, holds her fist up and cries tears of happiness after the Seattle City Council voted to divest from Wells Fargo over its role as a lender to the Dakota Access pipeline project and other business practices, Tuesday, Feb. 7, 2017, in Seattle. Wells Fargo manages more than $3 billion of Seattle's operating account. (AP Photo/Elaine Thompson)  (Elaine Thompson)
Trash is seen piled in a dumpster at an encampment set up near Cannon Ball, N.D., Wednesday, Feb. 8, 2017, for opponents against the construction of the Dakota Access pipeline. Opponents have called for protests around the world Wednesday, Feb. 8, 2017, as the Army prepared to green-light the final stage of the $3.8 billion project's construction. The Army said Tuesday, Feb. 7, that it will allow the four-state pipeline to cross under a Missouri River reservoir in North Dakota, the last big chunk of construction. (AP Photo/James MacPherson)  (James MacPherson)
FILE - This Nov. 25, 2016, file satellite image taken by DigitalGlobe shows the construction site of the Dakota Access pipeline along the Missouri River, at right, near Cannon Ball, N.D. Opponents of the pipeline called for protests around the world Wednesday, Feb. 8, 2017, as the Army prepared to greenlight the final stage of the $3.8 billion project's construction. The Army said Tuesday, Feb. 7, that it will allow the four-state pipeline to cross under a Missouri River reservoir in North Dakota, the last big chunk of construction. (DigitalGlobe via AP, File)  (AP)
James MacPherson
Advertisement
LATEST powersource
Advertisement
TOP
Email a Story