The Trump administration has recently issued a memorandum that worries many indigenous people, especially those at the camps near Standing Rock. This act has been reported as an executive order, but it is actually a memorandum. It adds uncertainty after the Corp refused to issue an easement, but it also does not serve to mandate that they actually rush the pipeline and change their decision. A memorandum is somewhat like a elevated blog post where the president can talk about his intentions and make strong calls to action. It also does not change any laws, nor create any rules surrounding those laws.

The memorandum cannot contradict established law, which is why the Standing Rock Lawsuit is important. The problem is the Obama administration used executive channels to stop pipeline, which are now in control of the Trump administration. The lawsuits proceeding through the courts are still completely valid and are a good step towards stopping the pipeline. The lawsuit brought by Standing Rock hinges on interpretation of the term consultation in this law: (http://www.achp.gov/regs-tribes.html). Another lawsuit is proceeding as well, brought by my own people, the Mandan, Hidatsa, Arikara Nation.

The cited law above relies on the fact that tribes were spread out all over this country before it became the United States. We have many places that can be considered sacred or historic, and thus worthy of preservation, outside of the boundaries of reservations. Taking this into account, the law makes provisions that tribes must be consulted before construction of this type takes place on federal lands. Certain thresholds must also be met in order for the tribe to actually claim that there is an important site.

The fact that the ETP continued using heavy equipment while the area remained uninvestigated by authorities (who had only put in place a voluntary exclusion zone) was devastating. It was devastating to the people of Standing Rock, who believed there were important burials performed there, and it was devastating to the case, as it hinged on the evidence of historical sites. The destruction of these sites is now nearly impossible to verify, as heavy machinery rarely leaves much evidence to be found.

While Trump’s memorandum cannot break the law, the destruction by ETP may cause the lawsuit to fail. If the lawsuit does not stop the pipeline, then there is little preventing the Trump administration from restarting the easement issuing process later.

UPDATE:

The Army Corp has chosen to issue the easement, which is a great tragedy considering what may have already been lost to the ETP machines. The lawsuit appears to be what we’ll have to rely on after all.