I think this is unlikely because it’s a risky approach for a public corporation. Violating the Mineral Leasing Act would subject corporate executives not just to fines, but also to potential jail time. It would also put them in violation of their state licenses and, presumably, their financing agreements, which typically call for a borrowing party to comply with all applicable laws. Dakota Access could risk having their easement under the river denied permanently.

The announcement articulated a path to potentially resolving the Tribe’s concerns that the earlier permitting decision had not fully considered their interests and route alternatives. The Corps should not have acted without a full environmental review and a full understanding of the consequences for the Tribe. In good faith, the Tribe will work through the review process to ensure that the Corps considers all foreseeable impacts and risks—and all reasonable alternatives. If the process leads to an outcome that is satisfactory to the Tribe, our litigation serves no further purpose. But if the outcome of the process continues to harm the Tribe, the court can hold the Corps accountable. In the meantime, we have asked the court to stay our lawsuit.

The December 4 announcement frustrates Dakota Access’ plans to finish the pipeline before January 2017, and the company has brought its own legal claim against the Corps. Remember that Dakota Access built a 1,200-mile, $4 billion pipeline to either bank of the Missouri River before it had any permit to cross the river and despite the Tribe’s insistence from the very beginning that the crossing at Cannonball was unacceptable. It ignored a formal request from three federal agencies to voluntarily stop construction within 20 miles of Lake Oahe and forced its way through an unprecedented civil protest using attack dogs, pepper spray, rubber bullets and water cannons in freezing temperatures. The company’s claim will take several months to resolve. Independent experts don’t think much of it and neither do we. Keep an eye on our FAQ page for updates on the case schedule.

This is one of the unfortunate—and incorrect—narratives that emerged from the early stages of the Tribe’s litigation. Indeed, Energy Transfer Partners CEO Kelcy Warren proclaimed regret that the Tribe hadn’t spoken up sooner with its concerns, and that it was now too late to consider alternatives. But the Tribe has released a recording it made during a meeting of the Tribal Council with Dakota Access representatives in September of 2014—the very first opportunity the Tribe had to learn about the pipeline. Phyllis Young, a Standing Rock councilmember who closed the meeting, said the following: