The Tonawanda Seneca Nation’s lawsuit levies serious accusations against FWS. They argue that the permit flouts the National Wildlife Refuge System Improvement Act, alleging that the agency failed to reassess its compatibility determination post-spills. The tribe also accuses FWS of neglecting its duties under the National Environmental Policy Act, pointing to a lack of comprehensive environmental impact assessments, considerations of environmental justice, and the potential effects on local wildlife and Oak Orchard Creek.
Furthermore, the lawsuit argues that FWS ignored the National Historic Preservation Act by not consulting with the Tonawanda Seneca Nation on the project’s impacts.
NY Tribes Sues FWS: Champions of the Tribe’s Cause
Jill Heaps, a senior attorney at Earthjustice, is a vocal advocate for the Tonawanda Seneca Nation. She condemns FWS’s actions as a betrayal of both federal law and the sacred trust owed to the nation. Heaps emphasizes that the pipeline’s construction has already inflicted environmental harm, a stark contradiction to the original purpose of the wildlife refuge.
A Silent Response from FWS
The Fish and Wildlife Service, maintaining a cautious stance, has refrained from commenting on the ongoing litigation.
