Never Give Up, Never Surrender

In the Wall Street Journal:

Christopher M. Matthews reports (Dec. 9), in "Judge Denies Developer's Request to Force Approval of Dakota Access Pipeline's Final Stage," that Judge James Boasberg of the District Court for the District of Columbia rejected Energy Transfer Partner LP's request for an order requiring the federal government to approve the last link of the Dakota Access pipeline. The Obama administration denied the permit needed to finish the pipeline. However, Judge Boasberg ordered the lawyers for both sides to file motions by January 31 for continuation of the case--which, of course, might be moot if the new administration reverses the Army Corps of Engineers' decision. However, Energy Transfer Partners said that the delays cost it $450 million, and it would lose $80 million a month from further delays.

Jennifer Levitz reports (Dec. 11), "Dispute Over Proposed Muslim Cemetery in Massachusetts Town Deepens," that Dudley, Massachusetts is the latest site of a dispute over Muslim cemeteries. The Islamic Society of Greater Worcester wants to build a cemetery on a parcel that was formerly farm land. Levitz' article says that "town officials have cited concerns about the scale of the project potential traffic issues and its environmental impact."

The Islamic Society attributed the decision to "100% fear and bias." The town's lawyer, Gary Brackett, said the same concerns would have been raised no matter what the religion that sought to build the cemetery. The Islamic Society applied for a permit in January 2016. Local residents objected at a public hearing, objecting to potential noise, traffic hazards, and "impact of buried bodies on wells." The permit was denied in June. The town of Dudley said that the Islamic Society did not have standing to buy the land, and the town had a right of first refusal on the property. (The town later said it would not buy the property).

The Islamic Society's suit against the town of Dudley was filed in July in Massachusetts state court, and is still pending. In August, Carmen Ortiz, the US Attorney for Massachusetts said her office would investigate whether unreasonable barriers on the Islamic Society's right of religious exercise. Brackett said that the town might submit the permit issue to a townwide vote. On December 11, however, Massachusetts State Attorney General Maura Healey warned the town that communities are forbidden to prohibit, regulate, or restrict the use of land or structures for religious purposes.

The ACLU said that efforts have been made to deny zoning permits for Muslim organizations in other places.