Here is the opinion in Sisseton-Wahpeton Oyate v. Dept. of State (D.S.D.) — Sisseton v Dept of State
This is an interesting case involving the President’s inherent authority to authorize an international oil pipeline as a part of his foreign affairs power.
An excerpt:
I want to emphasize that the granting of this motion will not give the defendants a free pass to “do-as-they-please.” They will, of course, still be subjected to the rigorous federal environmental and historical preservation laws throughout the construction and operation phases of the proposed pipeline. In this case, however, the court lacks the authority to strike down the issuance of the permit. Alternatively, if the court did have such power, I find that a good faith effort was made to identify historic properties that may be affected by this project.
I would like to emphasize and correct the honorable judge on this case. They DID NOT make a good faith effort because they discovered 2 unanticipated archeological sites, and one in particular that has been identified as “cultural,” which means it belongs to either the Sisseton-Wahpeton Oyate or the Turtle Mountain Band of Chippewa ancestors. At the time this was filed, I was an attorney for the Sisseton-Wahpeton Oyate and oversaw this case. The damaging effects of the oil pipeline won’t be seen for a very long time. Very frustrating! Thanks for posting this Matthew, I was looking for the opinion and just heard it was out today.
PS: We knew going in that it would boil down to the issuance of the permit. FYI to your readers, the permitting process has very little accountability to those applying, and almost NIL guidelines for applying. The good faith effort language used by the court is thrown in there but really no accountability is afforded those affected by the permitting process. This comes as an admission from the Dept. of State themselves!