Cannonball, N.D. (KFGO) - The Army Corps of Engineers has denied an easement for the Dakota Access Pipeline.
The corps, along with the Obama Administration, have rejected the permit. Construction will be stopped and the pipeline will not go under the Missouri River. (Full statement can be read below).
However, that could all change once President-elect Trump takes office.
"I would say it's over," Standing Rock Chairman Dave Archambaut tells MSNBC but he said if there is an appeal with the new administration they will deal with that then.
The corps had given permission to pipeline developer Energy Transfer Partners, but in September it said more analysis was warranted in the wake of American Indian concerns. They finished a review and said they wanted more study and tribal input before it allows it to cross under the Missouri River. Today, they denied the easement.
The Standing Rock Sioux says the $3.8 billion, four-state pipeline threatens its drinking water and cultural sites.
The full statement from the Army:
"The Department of the Army will not approve an easement that would allow the proposed Dakota Access Pipeline to cross under Lake Oahe in North Dakota, the Army's Assistant Secretary for Civil Works announced today.
Jo-Ellen Darcy said she based her decision on a need to explore alternate routes for the Dakota Access Pipeline crossing. Her office had announced on November 14, 2016 that it was delaying the decision on the easement to allow for discussions with the Standing Rock Sioux Tribe, whose reservation lies 0.5 miles south of the proposed crossing. Tribal officials have expressed repeated concerns over the risk that a pipeline rupture or spill could pose to its water supply and treaty rights.
"Although we have had continuing discussion and exchanges of new information with the Standing Rock Sioux and Dakota Access, it's clear that there's more work to do," Darcy said. "The best way to complete that work responsibly and expeditiously is to explore alternate routes for the pipeline crossing."Darcy said that the consideration of alternative routes would be best accomplished through an Environmental Impact Statement with full public input and analysis.
The Dakota Access Pipeline is an approximately 1,172 mile pipeline that would connect the Bakken and Three Forks oil production areas in North Dakota to an existing crude oil terminal near Pakota, Illinois. The pipeline is 30 inches in diameter and is projected to transport approximately 470,000 barrels of oil per day, with a capacity as high as 570,000 barrels. The current proposed pipeline route would cross Lake Oahe, an Army Corps of Engineers project on the Missouri River."
Statement in response from Congressman Kevin Cramer:
“I hoped even a lawless president wouldn’t continue to ignore the rule of law. However, it was becoming increasingly clear he was punting this issue down the road. Today’s unfortunate decision sends a very chilling signal to others who want to build infrastructure in this country. Roads, bridges, transmission lines, pipelines, wind farms and water lines will be very difficult, if not impossible, to build when criminal behavior is rewarded this way. In my conversation with Assistant Secretary of the Army Jo-Ellen Darcy today, she was unable to give any legal reasons for the decision and could not answer any questions about rerouting the pipeline. I’m encouraged we will restore law and order next month when we get a President who will not thumb his nose at the rule of law. I feel badly for the Corps of Engineers because of the diligent work it did on this project, only to have their Commander-in-Chief throw them under the bus. But he’s been doing that to the military for eight years, so why not one more time on his way out the door.”
House Speaker Paul Ryan is calling a decision to deny a permit for the oil pipeline "big-government decision-making at its worst.'' The Republican tweeted Sunday night that he looks "forward to putting this anti-energy presidency behind us.''
Vermont Sen. Bernie Sanders is praising the decision. Sanders says he appreciates President Barack Obama "listening to the Native American people and millions of others who believe this pipeline should not be built.'' He says: "We should not continue to trample on Native American sovereignty.'' Sanders says the country should not increase its fossil fuel dependence and accelerate the crisis of climate change. Morton County Sheriff Kyle Kirchmeier says "local law enforcement does not have an opinion'' on the decision not to grant an easement for the project. Kirchmeier says the sheriff's department's role "is to enforce the law'' and that it "will continue to do so.''
North Dakota Gov. Jack Dalrymple said in a statement that the Corps' decision "is a serious mistake,'' "prolongs the serious problems'' that law enforcement faces and "prolongs the dangerous situation'' of people camping in cold, snowy conditions.U.S. Senator for N.D. Heidi Heitkamp's statement on the easement:
“It’s long past time that a decision is made on the easement going under Lake Oahe,” said Heitkamp. “This administration’s delay in taking action -- after I’ve pushed the White House, Army Corps, and other federal agencies for months to make a decision -- means that today’s move doesn’t actually bring finality to the project. The pipeline still remains in limbo. The incoming administration already stated its support for the project and the courts have already stated twice that it appeared the Corps followed the required process in considering the permit. For the next month and a half, nothing about this project will change. For the immediate future, the safety of residents, protesters, law enforcement, and workers remains my top priority as it should for everyone involved. As some of the protesters have become increasingly violent and unlawful, and as North Dakota’s winter has already arrived – with a blizzard raging last week through the area where protesters are located -- I’m hoping now that protesters will act responsibly to avoid endangering their health and safety, and move off of the Corps land north of the Cannonball River. “Additionally, our federal delegation and governor have been working together in a bipartisan effort to push for more federal resources for law enforcement who have worked day and night through weekends and holidays to support the safety of our communities. The administration needs to provide those funds – whether the protesters remain or not.”