Dakota Access’ Response to Standing Rock Sioux Tribe’s Request for Temporary Restraining Order
The following excerpts are taken from Dakota Access’ testimony regarding the Standing Rock Sioux Tribe’s request for a temporary restraining order.
The full document can be found here.
“The area of construction is all on private land as to which there is no federal jurisdiction…Plaintiffs cite no authority because there is no authority that allows them to assert a claim over these private lands or to prevent their use or development. DA has a surface lease and easement over the land which gives it the right to control the surface”
“Intervenor did not accelerate its construction schedule to work on areas described in Plaintiff’s 11th hour Friday afternoon filing, or to destroy evidence or to destroy historical sites…According to the plan, construction staff works 6 days a week, with a normal day of construction commencing at 6:30 a.m. Construction was always planned for Saturday, September 3, 2016.”
“Nothing during or after grading has been unearthed to suggest the presence of any grave or cultural site…The lack of any findings during work is not surprising. The path within which work is occurring has already been surveyed by qualified archeologists and approved for work by the State Historic Preservation Officer. The path also overlaps the workspace used by the Northern Border Natural Gas pipeline…The time for raising these concerns has passed.”