Trump administration withdrew legal memo that found ‘ample legal justification’ to halt Dakota Access pipeline
Two days before the Trump administration approved an easement for the Dakota Access pipeline to cross a reservoir near the Standing Rock
The withdrawal of the opinion was revealed in court documents filed this week by U.S. Army Corps of Engineers, the same agency that requested the review late last year.
“A pattern is emerging with [the Trump] administration,” said Jan Hasselman, an attorney representing the Standing Rock Sioux Tribe. “They take good, thoughtful work and then just throw it in the trash and do whatever they want to do.”
The 35-page legal analysis of the pipeline’s potential environmental risks and its impact on treaty rights of the Standing Rock Sioux and other indigenous tribes was authored in December by then-Interior Department Solicitor Hilary C. Tompkins, an Obama appointee who was — at the time — the top lawyer in the department.
“The government-to-government relationship between the United States and the Tribes calls for enhanced engagement and sensitivity to the Tribes’ concerns,” Tompkins wrote. “The Corps is accordingly justified should it choose to deny the proposed easement.”
Tompkins’ opinion was dated Dec. 4, the same day the Obama administration announced that it was denying an easement for the controversial crossing and initiating an environmental impact statement that would explore alternative routes for the pipeline. Tompkins did not respond to a request by ABC News to discuss her analysis or the decision made to withdraw it.
On his second weekday in office, President Donald Trump signed a memorandum that directed the Army Corps of Engineers to “review and approve” the pipeline in an expedited manner, to “the extent permitted by law, and as warranted, and with such conditions as are necessary or appropriate.” “I believe that construction and operation of lawfully permitted pipeline infrastructure serve the national interest,” Trump wrote in the memo.
Two weeks later, the Corps issued the easement to Dakota Access and the environmental review was canceled.
The company behind the pipeline project now estimates that oil could be flowing in the pipeline as early as March 6.
The analysis by Tompkins includes a detailed review of the tribes’ hunting, fishing and water rights to Lake Oahe, the federally controlled reservoir where the final stretch of the pipeline is currently being installed, and concludes that the Corps “must consider the possible impacts” of the pipeline on those reserved rights.
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