Disir
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- Sep 30, 2011
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Energy Transfer Partners stated in a filing with the D.C. District Court on March 27 that oil has been placed in the Dakota Access Pipeline under Lake Oahe near the Standing Rock Sioux Tribe and that the company is “preparing to place the pipeline into service.”
The action comes after the D.C. Circuit Court of Appeals on March 18 denied the Cheyenne River Sioux Tribe’s appeal for an emergency injunction pending appeal to prevent Energy Transfer Partners from introducing oil into the Dakota Access Pipeline, which it has built and plans to manage.
The Cheyenne River Sioux Tribe’s appeal followed D.C. District Court Judge James Boasberg’s March 14 denial for the same. Like that appeal, the tribe in this instance sought to prevent the introduction of oil into the pipeline based on the tribe’s belief “that the mere presence of oil in the pipeline, separate and apart from any leak in the pipeline, under their sacred waters [of Lake Oahe] will render those waters ritually impure and, therefore, unsuitable for use in their religious sacraments,” under the Religious Freedom Restoration Act (RFRA).
Judge Patricia Millett, in her statement supporting the denial of the motion, wrote that the tribe “has not met its heavy burden of proving entitlement to the extraordinary relief of an injunction pending appeal” because the district court hasn’t yet decided whether to allow the RFRA claim as part of the tribe’s lawsuit. To do so would mean meeting an extraordinarily high bar beyond the tribe’s suffering irreparable harm, a balance of equities favoring the tribe, and public interest in supporting the stay. It would also have to demonstrate that the district court “likely abused its discretion in denying the preliminary injunction” on March 14, and that “the district court would…abuse its discretion were it not to permit [adding the RFRA claim to the suit],” she wrote.
Oil Placed Under Lake Oahe After Tribe’s Religious Appeal Denied
That's a setback. It isn't over though.
The action comes after the D.C. Circuit Court of Appeals on March 18 denied the Cheyenne River Sioux Tribe’s appeal for an emergency injunction pending appeal to prevent Energy Transfer Partners from introducing oil into the Dakota Access Pipeline, which it has built and plans to manage.
The Cheyenne River Sioux Tribe’s appeal followed D.C. District Court Judge James Boasberg’s March 14 denial for the same. Like that appeal, the tribe in this instance sought to prevent the introduction of oil into the pipeline based on the tribe’s belief “that the mere presence of oil in the pipeline, separate and apart from any leak in the pipeline, under their sacred waters [of Lake Oahe] will render those waters ritually impure and, therefore, unsuitable for use in their religious sacraments,” under the Religious Freedom Restoration Act (RFRA).
Judge Patricia Millett, in her statement supporting the denial of the motion, wrote that the tribe “has not met its heavy burden of proving entitlement to the extraordinary relief of an injunction pending appeal” because the district court hasn’t yet decided whether to allow the RFRA claim as part of the tribe’s lawsuit. To do so would mean meeting an extraordinarily high bar beyond the tribe’s suffering irreparable harm, a balance of equities favoring the tribe, and public interest in supporting the stay. It would also have to demonstrate that the district court “likely abused its discretion in denying the preliminary injunction” on March 14, and that “the district court would…abuse its discretion were it not to permit [adding the RFRA claim to the suit],” she wrote.
Oil Placed Under Lake Oahe After Tribe’s Religious Appeal Denied
That's a setback. It isn't over though.