Cannon Ball, N.D. — In a letter published today, Dave Archambault II, chairman of the Standing Rock Sioux Tribe, urges President Trump to allow for the completion of a full Environmental Impact Statement (EIS).
Trump’s Memorandum called on the Department of Army to advance DAPL construction. The Memorandum also calls for the rescinding or modification of the December 4 decision, which halted DAPL’s construction until an EIS could be completed and a reroute considered. The EIS is already underway and the public comment period is open until February 20.
“This change in course is arbitrary and without justification; the law requires that changes in agency positions be backed by new circumstances or new evidence, not simply by the President’s whim,” Chairman Archambault writes. “It makes it even more difficult when one considers the close personal ties you and your associates have had with Energy Transfer Partners and Sunoco.
“Your memorandum issues these directives with the condition that these actions are carried out ‘to the extent permitted by law.’ I would like to point out that the law now requires an Environmental Impact Statement. The USACE now lacks statutory authority to issue the easement because it has committed to the EIS process. Federal law, including the requirement of reasonable agency decision making, prevents that.”