3/14/2017 – Native American tribes who are suing to stop the Dakota Access pipeline have asked a judge to prevent the flow of oil while they appeal his most recent decision.
In his decision last week, Boasberg said the tribes didn’t raise the religion argument in a timely fashion and he questioned its merits.
Cheyenne River attorney Nicole Ducheneaux on Friday appealed the ruling to the U.S. Court of Appeals for the District of Columbia Circuit.
She also asked Boasberg to “prevent the flow of oil through the Dakota Access pipeline” until the appeal is resolved.
Boasberg on Monday gave ETP and the Army Corps of Engineers until Tuesday to file their responses to the request. ETP spokeswoman Vicki Granado declined to comment, citing the ongoing legal case.
We expect a ruling in the next day or so. We will follow the story closely. Many feel that this will be the “last case heard” before oil flows.
UPDATE Texas-based Energy Transfer Partners says in court documents filed today that it has suffered enough delays and that the Standing Rock and Cheyenne River Sioux tribes are employing “a last-gasp litigation tactic.” The company says crews expect to finish construction and conduct final testing this week, and that oil could flow as soon as Monday.