The court wrote:
Although the Tribe has not met the narrow and stringent standard governing this extraordinary form of relief, we recognize Section 106 of the National Historic Preservation Act was intended to mediate precisely the disparate perspectives involved in a case such as this one. Its consultative process—designed to be inclusive and facilitate consensus—ensures competing interests are appropriately considered and adequately addressed. But ours is not the final word. A necessary easement still awaits government approval—a decision Corps’ counsel predicts is likely weeks away; meanwhile, Intervenor DAPL has rights of access to the limited portion of pipeline corridor not yet cleared—where the Tribe alleges additional historic sites are at risk. We can only hope the spirit of Section 106 may yet prevail.
Joint Statement from DOJ, DOI, and Army Corps:
FOR IMMEDIATE RELEASE OPA
MONDAY, OCTOBER 10, 2016 (202) 514-2007
WWW.JUSTICE.GOV TTY (866) 544-5309
JOINT STATEMENT FROM DEPARTMENT OF JUSTICE, DEPARTMENT OF THE ARMY AND DEPARTMENT OF THE INTERIOR REGARDING D.C. CIRCUIT COURT OF APPEALS DECISION IN STANDING ROCK SIOUX TRIBE V. U.S. ARMY CORPS OF ENGINEERS
WASHINGTON – The Department of Justice, the Department of the Army and the Department of the Interior today issued the following statement regarding the D.C. Circuit Court of Appeals’ decision in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers:
“We appreciate the D.C. Circuit’s opinion.
“We continue to respect the right to peaceful protest and expect people to obey the law.
“The Army continues to review issues raised by the Standing Rock Sioux Tribe and other Tribal nations and their members and hopes to conclude its ongoing review soon. In the interim, the Army will not authorize constructing the Dakota Access Pipeline on Corps land bordering or under Lake Oahe. We repeat our request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.
“We also look forward to a serious discussion during a series of consultations, starting with a listening session in Phoenix on Tuesday, on whether there should be nationwide reform on the Tribal consultation process for these types of infrastructure projects.”
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The dear Tribal Leader letter and the consultation dates are here.