A judge’s ruling on Standing Rock reinforces treaty rights

This week a federal court had its own interpretation of the rule of law. U.S. District Judge James E. Boasberg wrote: “Lake Oahe holds special significance for the Standing Rock and Cheyenne River Sioux Tribes. Its creation necessitated the taking of approximately 56,000 acres of some of ‘the best land’ from Standing Rock’s Reservation, as well as 104,420 acres of Cheyenne River’s trust lands. Today, Standing Rock members rely on Lake Oahe’s waters to service ‘homes, a hospital, clinics, schools, businesses, and government buildings throughout the Reservation’ and to support agriculture and industrial activities. The lake is also the primary source of water for the Cheyenne River Reservation. Both tribes consider the waters to be ‘sacred’ and ‘central to (their) practice of religion.’”  In other words: Water is life. And that notion is backed up by a treaty relationship between the Standing Rock and Cheyenne River nations. My favorite part of the ruling is that the obligation requires “early involvement.” Or as the regulations say, that “means that a tribal government is given an opportunity to comment on a proposed action in time for the tribal government to provide meaningful comments that may affect the decision.”  Clearly that’s part of the rule of law, too. So what now? There will be a continued legal back and forth. Some rulings will favor the tribes, others the pipeline company. And perhaps there will be a new Environmental Impact Statement. That’s expected and fits in with the rule of law.This is a moment for the Dakota Access pipeline partners, the state of North Dakota and Morton County, to change tactics, too. This is the moment where the rule of law — and respect — can earn their way back into the conversation. I’d start by ending the criminal prosecution of water protectors. It’s excessive and clearly an affront because it so disrespected the rule of law. The company and state can start over, too, building on this court decision to start a new chapter.