How Will Native Tribes Fight the Dakota Access Pipeline in Court?
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On Feb. 8 (2017) the U.S. Army Corps of Engineers reversed course and issued an easement allowing the installation of the Dakota Access Pipeline under Lake Oahe in North Dakota. That decision followed a presidential memorandumindicating that construction and operation of the pipeline would be in the “national interest,” and set the stage for a final showdown over the pipeline’s fate.
This article explains the legal claims of two Sioux Tribes challenging the pipeline in federal court and demonstrates the relevance of those claims to broader issues of religious freedom and federal agency decision-making.