Drudge Retort: The Other Side of the News
Saturday, June 17, 2017

Earthjustice: The Standing Rock Sioux Tribe won a significant victory today in its fight to protect the Tribe's drinking water and ancestral lands from the Dakota Access pipeline. A federal judge ruled that the federal permits authorizing the pipeline to cross the Missouri River just upstream of the Standing Rock reservation, which were hastily issued by the Trump administration just days after the inauguration, violated the law in certain critical respects. In a 91-page decision, Judge James Boasberg wrote, "the Court agrees that [the Corps] did not adequately consider the impacts of an oil spill on fishing rights, hunting rights or environmental justice, or the degree to which the pipeline's effects are likely to be highly controversial." The court did not determine whether pipeline operations should be shut off and has requested additional briefing on the subject and a status conference next week.

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This is a good thing!

#1 | Posted by PunchyPossum at 2017-06-16 05:39 AM | Reply

Interesting judge. He's going to be attacked as an Obama appointee, but he's the same guy that ordered the release of 14,000+ Hillary emails.

#2 | Posted by sitzkrieg at 2017-06-16 09:20 AM | Reply | Newsworthy 1

"and ancestral lands"

BS!!!!!!!!!!!! they came to the Dakotas from Minnesota in the mid 1800s.

#3 | Posted by Sniper at 2017-06-16 01:17 PM | Reply

BS!!!!!!!!!!!! they came to the Dakotas from Minnesota in the mid 1800s.

That's because Charles Ingalls single-handedly kicked them out.

#4 | Posted by madscientist at 2017-06-16 01:50 PM | Reply | Funny: 1

So much winning, again. Trump is an incompetent fool, he should just license his name to Pence and give up actual management, just like all his faux businesses and stick to laundering Russian mob money.

#5 | Posted by bored at 2017-06-16 01:54 PM | Reply

Judge James E. "Jeb" Boasberg was appointed to the District Court in March 2011.

#6 | Posted by Sniper at 2017-06-16 04:11 PM | Reply

"and ancestral lands"

BS!!!!!!!!!!!! they came to the Dakotas from Minnesota in the mid 1800s.

#3 | Posted by Sniper

What the heck is wrong with you? This is not rocket science. This is American History 101.

The Sioux /ˈsuː/ are groups of Native American tribes and First Nations peoples in North America. The term can refer to any ethnic group within the Great Sioux Nation or to any of the nation's many language dialects. The Sioux comprise three major divisions based on language divisions: the Dakota, Lakota, and Nakota.en.wikipedia.org

Natives lived in that area for thousands of years. Also, there is this: The Dakota are first recorded to have resided at the source of the Mississippi River during the seventeenth century.[11] By 1700 some had migrated to present-day South Dakota. (wiki)

Didn't you ever wonder why they named the Dakotas after the Dakota tribes??

Because THEY were there first.

#7 | Posted by donnerboy at 2017-06-16 06:45 PM | Reply

Didn't you ever wonder...

#7 | POSTED BY DONNERBOY

Dude. It's sniper...

#8 | Posted by jpw at 2017-06-17 01:31 PM | Reply | Funny: 2

Siouxsie Sioux sued the Sioux for sixty sou in Sault Ste. Marie you see.

#9 | Posted by madscientist at 2017-06-17 11:55 PM | Reply

What the heck is wrong with you? This is not rocket science. This is American History 101.

The Sioux /ˈsuː/ are groups of Native American tribes and First Nations peoples in North America. The term can refer to any ethnic group within the Great Sioux Nation or to any of the nation's many language dialects. The Sioux comprise three major divisions based on language divisions: the Dakota, Lakota, and Nakota.en.wikipedia.org

Natives lived in that area for thousands of years. Also, there is this: The Dakota are first recorded to have resided at the source of the Mississippi River during the seventeenth century.[11] By 1700 some had migrated to present-day South Dakota. (wiki)

Didn't you ever wonder why they named the Dakotas after the Dakota tribes??

Because THEY were there first.

#7 | Posted by donnerboy at 2017-06-16 06:45 PM | Reply | Flag:

Sniper failed US History so..............

#10 | Posted by LauraMohr at 2017-06-17 11:59 PM | Reply

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The Standing Rock Sioux Tribe won a significant victory today ...

The Tribes have since mounted two substantial legal challenges to DAPL, neither of which yielded success. The first contended that the grading and clearing of land for the pipeline threatened sites of cultural and historical significance, and that the U.S. Army Corps of Engineers had flouted its duty to engage in tribal consultations pursuant to the National Historic Preservation Act. See Standing Rock Sioux Tribe v. U.S. Army Corps of Eng'rs (Standing Rock I), 205 F. Supp. 3d 4, 7 (D.D.C. 2016). The second maintained that the presence of oil in the pipeline under Lake Oahe would desecrate sacred waters and make it impossible for the Tribes to freely exercise their religious beliefs, thus violating the Religious Freedom Restoration Act. See Standing Rock Sioux Tribe v. U.S. Army Corps of Eng'rs (Standing Rock II), No. 16-1534, 2017 WL 908538, at *1 (D.D.C. Mar. 7, 2017).

Now that the Court has rejected these two lines of attack, Standing Rock and Cheyenne River here take their third shot, this time zeroing in DAPL's environmental impact. They seek summary judgment on several counts related to the Corps' alleged failure to comply with the National Environmental Policy Act. In particular, the Tribes believe that the Corps did not sufficiently consider the pipeline's environmental effects before granting permits to Dakota Access to construct and operate DAPL under Lake Oahe, a federally regulated waterway. This volley meets with some degree of success. Although the Corps substantially complied with NEPA in many areas, the Court agrees that it did not adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice, or the degree to which the pipeline's effects are likely to be highly controversial.

To remedy those violations, the Corps will have to reconsider those sections of its environmental analysis upon remand by the Court. Whether Dakota Access must cease pipeline operations during that remand presents a separate question of the appropriate remedy, which will be the subject of further briefing.

Maybe not such a sweeping victory after all. Judge: "Hey, COE, rewrite those sections of your environmental analysis."

#11 | Posted by et_al at 2017-06-18 12:27 AM | Reply

The Corps of Engineers is great at fudging the numbers.

#12 | Posted by snoofy at 2017-06-18 02:30 AM | Reply

The comparisons between Trump and Custer continue.

#13 | Posted by squinch at 2017-06-18 10:08 AM | Reply

#3 | POSTED BY SNIPER
"they came to the Dakotas from Minnesota in the mid 1800s."

Sniper's good at hyper-focusing on one single facet, while thinking he's memorized a diamond.

#14 | Posted by TheTom at 2017-06-18 10:40 AM | Reply

How soon to little d apologizes to Pootey?

#15 | Posted by 726 at 2017-06-19 11:08 AM | Reply

Yea, I'm sure Mattis is shaking in his boots

#16 | Posted by cmbell73 at 2017-06-19 12:39 PM | Reply

It's time to start the slow process of delegitimizing (undo autonomy) Indian reservations. It harms Native Americans far more than it helps them. The problem is who in the tribe gets to own the land since no one owns it now? Who, in the tribe, gets the mineral rights?

#17 | Posted by LastAmerican at 2017-06-19 01:00 PM | Reply

The Indians had it right. Private ownership of land is a relatively new idea. It is the prime source of wealth concentration.

We have all played monopoly. It was not created to be a recreational game. It was created by the georgists as a teaching tool to show the immorality of Private land ownership. A person who owns a piece of land gets paid without doing any work (Hence its tax status as unearned income) while the renter must forfeit a large portion of the fruits of his labor to that person just to have shelter.

The end game of the landlord/renter relationship inevitably is that one person ends up owning everything while everyone else works to support that person's extravagant wealth and end up owning nothing.

There is no amount of money that allows the landlord to "win" He can only win by bankrupting everyone else

#18 | Posted by hatter5183 at 2017-06-19 04:23 PM | Reply

It's time to start the slow process of delegitimizing (undo autonomy) Indian reservations. It harms Native Americans far more than it helps them. The problem is who in the tribe gets to own the land since no one owns it now? Who, in the tribe, gets the mineral rights?

#17 | POSTED BY LASTAMERICAN AT 2017-06-19 01:00 PM | FLAG:

In what universe does taking the one thing they have less help them? And I suppose you don't care that "delegitimizing" the reservations violates treaties between the US and the tribes.

#19 | Posted by DirkStruan at 2017-06-19 04:56 PM | Reply

"It's time to start the slow process of delegitimizing (undo autonomy) Indian reservations."

Just when you thought you have already heard the most ignorant thing possible from the right wing universe they always manage to outdo themselves.

You cannot undo the "autonomy" of a sovereign nation without their consent and approval.

#20 | Posted by donnerboy at 2017-06-19 05:31 PM | Reply

Just when you thought you have already heard the most ignorant thing possible from the right wing universe they always manage to outdo themselves.

You cannot undo the "autonomy" of a sovereign nation without their consent and approval.

Posted by donnerboy at 2017-06-19 05:31 PM | Reply

You forget that the right wingers still to this day don't consider them full fledged people.

#21 | Posted by LauraMohr at 2017-06-19 05:34 PM | Reply

You forget that the right wingers still to this day don't consider them full fledged people.

#21 | POSTED BY LAURAMOHR AT 2017-06-19 05:34 PM | FLAG:

That's because REAL Americans want to respect the proud tradition of incorporating conquered peoples into society as a desperate, disenfranchised under-class. Where is your respect for history? /snark

#22 | Posted by DirkStruan at 2017-06-19 05:41 PM | Reply

"The Indians had it right. Private ownership of land is a relatively new idea. It is the prime source of wealth concentration."

Chief Seattle's reply, in 1854, to the "The Great White Chief" in Washington who wished to "buy" their land.

How can you buy or sell the sky, the warmth of the land?
The idea is strange to us.
If we do not own the freshness of the air and the sparkle of the water,
how can you buy them?
Every part of the Earth is sacred to my people.
Every shining pine needle, every sandy shore, every mist in the dark woods, every clear and humming insect is holy in the memory and experience of my people.
The sap which courses through the trees carries the memory and experience of my people.
The sap which courses through the trees carries the memories of the red man.

The white man's dead forget the country of their birth when they go to walk among the stars.
Our dead never forget this beautiful Earth, for it is the mother of the red man.
We are part of the Earth and it is part of us.
The perfumed flowers are our sisters, the deer, the horse, the great eagle, these are our brothers.
The rocky crests, the juices in the meadows, the body heat of the pony, and the man, all belong to the same family.

So, when the Great Chief in Washington sends word that he wishes to buy our land, he asks much of us.
The Great White Chief sends word he will reserve us a place so that we can live comfortably to ourselves.
He will be our father and we will be his children.
So we will consider your offer to buy land.
But it will not be easy.
For this land is sacred to us.

This shining water that moves in streams and rivers is not just water but the blood of our ancestors.
If we sell you land, you must remember that it is sacred blood of our ancestors.
If we sell you land, you must remember that it is sacred, and you must teach your children that it is sacred and that each ghostly reflection in the clear water of the lakes tells of events in the life of my people.
The waters murmur is the voice of my father's father.

The rivers of our brothers they quench our thirst.
The rivers carry our canoes and feed our children.
If we sell you our land, you must remember to teach your children that the rivers are our brothers, and yours, and you must henceforth give the rivers the kindness that you would give my brother.

We know that the white man does not understand our ways.
One portion of land is the same to him as the next, for he is a stranger who comes in the night and takes from the land whatever he needs.
The Earth is not his brother, but his enemy and when he has conquered it, he moves on.
He leaves his father's graves behind, and he does not care.
He kidnaps the Earth from his children, and he does not care.

#23 | Posted by donnerboy at 2017-06-19 06:59 PM | Reply

"In what universe does taking the one thing they have less help them? And I suppose you don't care that "delegitimizing" the reservations violates treaties between the US and the tribes.
#19 | POSTED BY DIRKSTRUAN "

Not if both sides of the treaty decide to dissolve it.

#24 | Posted by LastAmerican at 2017-06-19 08:03 PM | Reply

You cannot undo the "autonomy" of a sovereign nation without their consent and approval.
#20 | POSTED BY DONNERBOY

That's why it would have to be the Tribal leadership who initiated the dissolution and saw it through. They would be the sole beneficiaries of whatever come of it. And it would benefit them too, in my opinion. They are so locked down in what they can do with their own land right now. No one can own that land, yet it's exploited. The individual has nothing but a handout from the feds. It really doesn't cost that much compared to others in the country, and it could go on and on forever at very little cost, but the federal government pays twice as much per child for education. Welfare and medical benefits are twice as much. It's a death spiral that benefits no one.

#25 | Posted by LastAmerican at 2017-06-19 08:10 PM | Reply

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