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.

HCN: “Bears Ears is just the beginning”

Here.

San Carlos Apache Tribe Sues US Forest Service to Protect Oak Flat

Here is the complaint in San Carlos Apache Tribe v. USFS (D. Ariz.):

1 Complaint

Press release here.

Dibaginjigaadeg Anishinaabe Ezhitwaad, a tribal climate adaptation menu [Ohio State]

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.

SCOTUS Denies Cert in FMC Corp. v. Shoshone-Bannock Tribes

Here is today’s order list.

The cert stage briefs in the FMC case are here.

Lower court materials here.

Michigan ALJ Rejects Back 40 Mine Permit — Big Win for Menominee Tribe

Here is the order:

Order

Puyallup Tribe Sues Hydroelectric Company over Salmon Habitat

Here is the complaint in Puyallup Tribe v. Electron Hydro LLC (W.D. Wash.):

1 Complaint

Here are additional materials:

Consent Decree Order

162 Tribe Objection

166 Enviro Groups Response

167 Federal Response

Consent Decree re Fine

Alaska Tribes Suit over Tongass Roadless Rule

Here is the complaint in Organized Village of Kake v. Perdue (D. Alaska):

1 Complaint