Dakota Access Pipeline: Judge orders partial halt to construction following attack on Native American protesters

Members of the Standing Rock Sioux tribe still say the halt does nothing to preserve the sacred sites and burial grounds threatened by the construction

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A federal judge has granted a partial stop in production of a controversial multi-billion dollar oil pipeline following a violent confrontation between Native American protesters and construction workers in North Dakota.

US District Judge James Boasberg ordered a temporary halt to construction on a portion of the Dakota Access Pipeline in the state on Tuesday, because he said the US Army Corps of Engineers lacks jurisdiction to build on private property.

However, Mr Boasberg denied a restraining order filed against the company that would further prevent alleged damage to sacred cultural sites and burial grounds of the tribe.

“Today’s denial of a temporary restraining order … west of Lake Oahe puts my people’s sacred places at further risk of ruin and desecration,” said Dave Archambault II, Standing Rock Sioux tribal chairman.

On Friday, the judge will rule on the Standing Rock Sioux tribe’s challenge to the federal government’s decision to grant permits to the Dallas-based Energy Transfer Partners. The project is expected to cost $3.8bn and will span across North Dakota, South Dakota, Iowa, and Illinois.

Members of the the tribe have protested the construction of the pipeline since April. They were particularly concerned that the construction would taint the area water supply, in addition to the destruction of several sacred Native American cultural sites and burial grounds, in violation of the National Historic Preservation Act.

Representatives of the tribe motioned for the temporary stop following a violent confrontation between the company and activists on Saturday. A tribal spokesperson said six protesters were bitten by guard dogs – including one child – while 30 others were hit with pepper-spray. Four security guards and two dogs reportedly sought medical attention.

Energy Transfer Partners denied allegations that their workers destroyed sites in documents filed Tuesday morning. Lawyers asked the judge to reject the tribe's request to halt construction temporarily, and added that the company “has taken and continues to take every reasonable precaution” to protect sacred sites.

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The Army Corps of Engineers did not oppose the temporary stoppage. Assistant Attorney General John Cruden added in court documents: “[T]he public interest would be served by preserving peace.”

More than 3,000 Native American people have gathered at the Lake Oahe construction site to protest the building of the pipeline. Last week, a number of environmental groups petitioned President Barack Obama to revoke the permit granted to the Corps of Engineers, calling the construction of the pipeline an “existential threat to the tribe’s culture and way of life”.

Progressive leaders have come out in support of the Standing Rock Sioux protesters.

On Monday, Green Party presidential candidate and clean energy advocate showed up to the protest. When invited by activists to leave a message, Ms Stein reportedly wrote “I approve this message” in red spray paint on the blade of a bulldozer.

Morton County Sheriff Kyle Kirchmeier said he planned to pursue charges of trespassing and vandalism. No charges have been filed at the time of this writing.