Fond du Lac Ojibwe Challenge to Mine Proceeds

Here are the materials so far in Fond Du Lac Band of Lake Superior Chippewa v. Wheeler (D. Minn.):

51 Amended Complaint

58 Poly Met Mining Motion to Dismiss

63 EPA Motion to Dismiss

67 Tribe Response

70 Poly Met Reply

72 EPA Reply

77 DCT Order

Briefing in Attempt to Enjoin Copper Mining Project at Chi’chil Biłdagoteel [Oak Flat]

Here are the materials in Apache Stronghold v. United States (D. Ariz.):

1 Complaint

7 Motion for TRO

18 US Response

23 Reply in Support of 7

50 US Closing Brief

51 Apache Stronghold Closing Brief

56 Amicus Brief

Federal Court Denies Injunction on Enbridge Line 3, Too

Here are the materials in Red Lake Band of Chippewa Indians v. United States Army Corps of Engineers (D.D.C.):

28 Enbridge Opposition

29 Army Corps Opposition

33 Reply

42 DCT Order

Prior post here.

D.C. Circuit Affirms Order that DAPL Easement is Illegal, but Does Not Require Shutdown of Pipeline

Here is the opinion in Standing Rock Sioux Tribe v. United States Army Corps of Engineers.

An excerpt:

Lake Oahe, created when the United States Army Corps of Engineers flooded thousands of acres of Sioux lands in the Dakotas by constructing the Oahe Dam on the Missouri River, provides several successor tribes of the Great Sioux Nation with water for drinking, industry, and sacred cultural practices. Passing beneath Lake Oahe’s waters, the Dakota Access Pipeline transports crude oil from North Dakota to Illinois. Under the Mineral Leasing Act, 30 U.S.C. § 185, the pipeline could not traverse the federally owned land at the Oahe crossing site without an easement from the Corps. The question presented here is whether the Corps
violated the National Environmental Policy Act, 42 U.S.C. § 4321, by issuing that easement without preparing an environmental impact statement despite substantial criticisms from the Tribes and, if so, what should be done about that failure. We agree with the district court that the Corps acted unlawfully, and we affirm the court’s order vacating the easement while the Corps prepares an environmental impact statement. But we reverse the court’s order to the extent it directed that the pipeline be shut down and emptied of oil.

Briefs here.

Pit River Tribe Suit against BLM Leases Survives (Mostly) Motions to Dismiss

Here are the materials in Pit River Tribe v. BLM (E.D. Cal.):

63 First Amended Complaint

64 BLM Motion to Dismiss

67 Calpine Motion to Dismiss

75 Opposition

76 BLM Reply

77 Calpine Reply

79 DCT Order

Federal Court Rejects Osage Wind Company’s Equitable Defenses re: Osage Mineral Council

Here are updated materials in United States v. Osage Wind LLC (N.D. Okla.):

161 DCT Order

164 Osage Mineral Council Complaint in Intervention

204 OMC Motion for Judgment on Pleadings

205 Response

206 Reply

207 DCT Order

Case tag here.