The Standing Rock Sioux Tribe was back in federal court Wednesday fighting to stop construction of the Dakota Access Pipeline.

A federal appeals court panel had some tough questions for opponents of the $3.8 billion oil pipeline.

Attorneys representing the Standing Rock Sioux Tribe, the Justice Department and Dakota Access presented their arguments before a panel of three judges in federal appeals court Wednesday. .

The three judges were aggressive in their questioning, frequently interrupting testimony and asking for clarification, even appearing confused. That’s because attorneys representing the tribe have altered their original argument since presenting their case in district court.

"When we filed this case originally in late July, we were asking the court to stop the pipeline all together,” says Jim Hasselman, Earth Justice Attorney.

Attorneys representing the tribe are altering their original argument after a federal court failed to issue an injunction last month.

“The only thing left from a perspective of protecting sacred sites and tribal burials is this very narrow area around Lake Oahe, and that's the place that's most special and needs the most protection," says Hasselman.

“Today we just listened to the judges ask questions back and forth on whether or not we have a good argument,” says Standing Rock Sioux Tribal Chairman, Dave Archambault II.

Chairman Dave Archambault says he has no sense on how the judges will rule.

“For the tribe, this wrong is right there in front of us. But when you have lawyers that pick apart and interpret and make things ambiguous, it's really hard to tell what the outcome is going to be,” says Archambault.

Attorneys representing the Army Corps of Engineers argue that only three percent of the pipeline is within their jurisdiction, and they properly fulfilled all their duties when issuing permits to the company - something Senator Hoeven (R- ND) agrees with.

"The court indicated that the Corps of Engineers had done the necessary and appropriate work. The pipeline will go in the same corridor as an existing transmission line and gas line that's already there,” says Hoeven.

Now, five labor unions are calling on the Obama Administration to allow construction to continue, saying the weeks-long halt in construction has caused hardship for thousands of families.

Now the panel of judges must decide whether or not to keep construction on hold near Lake Oahe.

Attorneys from the justice department who are representing the Army Corps of Engineers declined to comment.

At this point, it’s unclear when the appeals court will make their decision, but until that decision is reached, the pipeline company is not allowed to continue construction for 20 miles on either side of the Missouri River at Lake Oahe.

The court has the authority to halt construction on private land, according to the all Writs Act. In court Wednesday, the judges made it clear that they could stop construction in areas on private land where construction has not yet begun.

The pipeline company is still waiting for an easement from the Army Corps of Engineers in order to continue construction under Lake Oahe. Attorneys representing the Army Corps of Engineers didn’t clarify when this would happen, although, attorneys representing the tribes said they believe it will be a matter of weeks, not months before the decision is made.