Fort Laramie Treaty of April 29, 1868
The Dakota Access Pipeline (DAPL) violates Article 2 of the 1868 Fort Laramie Treaty which guarantees that the Standing Rock Sioux Tribe shall enjoy the “undisturbed use and occupation” of our permanent homeland, the Standing Rock Indian Reservation. The U.S. Constitution states that treaties are the supreme law of the land.
Executive Order 12898 on Environmental Justice
All agencies must determine if proposed project disproportionately impacts Tribal community or otherminority community. The DAPL was original routed to cross the Missouri River north of Bismarck. The crossing was moved to “avoid populated areas”, so instead of crossing upriver of the state’s capital, it crosses the aquifer of the Great Sioux Reservation.
Pipeline Safety Act and Clean Water Act
DAPL has not publicly identified the Missouri River crossing as high consequence. The Ogallala Aquifer must be considered a“high consequence area”, since the pipeline would cross critical drinking water and intakes for those water systems.The emergency plan must estimate the maximum possible spill (49 CFR§195.452(h)(iv)(i)). DAPL refuses to release this information to the tribe.
National Environmental Policy Act (NEPA)
A detailed Environmental Impact Statement (EIS) must be completed for major actions that affect the environment. Also, the Army Corps of Engineers must comply w/ NEPA for the permit for the Missouri River crossing. The way agencies get around this is to provide a lesser study, a brief Environmental Assessment (which Dakota Access has done). A full EIS would be an interdisciplinary approach for the integrated use of natural and social sciences to determine direct and indirect effects of the project and “possible conflicts...with Indian land use plans and policies…(and) cultural resources” 40 CFR §1502.16
Executive Order 13007 on Protection of Sacred Sites
“In managing federal lands, each executive branch agency shall avoid adversely affecting the physical integrity of such sites.” There are historical ceremony sites and burial grounds in the immediate vicinity of the Missouri River crossing. The Corps must deny the DAPL permit to protect these sites in compliance with EO 13007.