Federal judge strikes down Three Affiliated Tribes' restraining order on pipeline project

Published: Sep. 16, 2016 at 1:02 PM CDT
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A federal judge has struck down a restraining order from the Three Affiliated Tribes and Chairman Mark Fox against a pipeline company drilling two pipelines, one for natural gas and the other for oil, underneath Lake Sakakawea, allowing the project to continue.

Fox and the Three Affiliated Tribes filed for the restraining order against Paradigm Energy Partners, LLC, on August 19 for their construction of the Sacagawea Pipeline.

Judge Daniel Hovland granted the temporary restraining order on August 23, but following a hearing on Sept. 1, he granted an injunction for Paradigm on the order.

Fox had argued that the Three Affiliated Tribes owned the mineral rights to the land, and Paradigm needed to get permission from both the United States government and the Tribes to build the line. He also cited concerns over the pipeline's impact on the ground and the lake.

In his ruling filed Sept. 13, Hovland decided that the United States held jurisdiction over the lake, and Paradigm properly obtained permits and easements with the Army Corps of Engineers for the project.

We will have more on this story on the Evening Report.