The U.S. Court of Appeals for the District of Columbia Circuit is being asked again by the Native American protesters in North Dakota to block final construction of the Dakota Access oil pipeline.
Their latest appeal comes after a federal court ruled against their attempt based on religious freedom rights. And Oklahoma’s Hobby Lobby case that went to the U.S. Supreme court is part of their basis for appeal. The Cheyenne River Sioux Tribe contends the oil would be a desecration of waters used in traditional Lakota sacraments and make it impossible for tribal members to practice their religion.
Judge James Boasberg found last week the tribe’s use of the Religious Freedom Restoration Act was barred under the doctrine of “laches” which limits the tribe’s ability to raise new arguments late in the legal fight.
In a brief filed Friday night, tribal attorneys indicated they not only reject Judge Boasberg’s ruling which was based in part on a 1988 Supreme Court case. They also said there is a substantial question whether the case is still a reliable authority because of other recent decisions giving broad protections to religious rights, including the Supreme Court’s 2014 Hobby Lobby ruling.
