Ninth Circuit Materials in Crow Indian Tribe v. United States [Grizzly Bear Delisting]

Here:

Federal Opening Brief

Humane Society Opening Brief

Idaho Opening Brief

Montana Opening Brief

Safari Club Opening Brief

Sportsmen’s Alliance Opening Brief

Wyoming Farm Bureau Opening Brief

Wyoming Opening Brief

Crow Answer Brief

Northern Cheyenne Tribe Answer Brief

Wildearth Guardians Answer Brief

Alliance for the Wild Rockies Answer Brief

Federal Reply

Idaho Reply

Montana Reply Brief

Safari Club Reply

Sportsmen’s Alliance Reply

Wyoming Farm Bureau Reply

Wyoming Reply

Lower court materials here.

Federal Court Vacates Keystone XL Permit, Orders Remand to Federal Agency

Here is the order in Northern Plains Resource Council v. U.S. Army Corps of Engineers (D. Mont.):

130 DCT Order

Briefs in Rosebud Sioux Tribe v. Trump here.

Innu Nation of Canada’s Opposition to Central Maine Power’s Transmission Line Permit

Here:

Innu Nation Press Release on CMP NE Clean Energy Connect

Statement From Fort Belknap and Rosebud on KXL Lawsuit

On the same day the Trump Administration announced that up to 240,000 people may succumb to the COVID-19 virus, TransCanada announced it is proceeding with KXL pipeline construction. In fact, TransCanada outlined several activities scheduled for April all along the route of the pipeline, not just at the border. With this construction, workers will descend on the communities along the pipeline’s proposed path. TransCanada ignores the threat that this influx of people creates during the COVID-19 pandemic.

In the face of the rapidly evolving COVID-19 pandemic, the Fort Belknap Indian Community and Rosebud Sioux Tribe asked the court to grant a temporary restraining order on pipeline construction. The Tribes are asking the court to put a short hold on construction until a hearing scheduled later this month.

“Fort Belknap has declared a state of emergency on the reservation because of the extremely dangerous COVID-19 pandemic and its threat to the health and well-being of the Gros Ventre and Assiniboine tribal members,” said President Werk of the Fort Belknap Indian Community, “We are very concerned about TransCanada bringing in outside construction workers from all over to build this pipeline within an hour from our reservation.”

“Rosebud has issued a curfew, closed businesses, and asked all to shelter in place because of the COVID-19 pandemic. We are joined in a fight against an invisible enemy that we now know is highly contagious before its hosts even show symptoms,” said President Bordeaux of the Rosebud Sioux Tribe, “Based on these extraordinary circumstances, we ask that TransCanada halt any construction during this pandemic.”

A two-week delay in the face of a pandemic would seem like the obvious course of action. Instead, despite the danger to tribal citizens and all of the people living in the area, TransCanada is pushing to quickly build as much of the pipeline as possible. Of course, they can then use this ongoing construction as justification for allowing the project to proceed whether or not the project is legal.

“We are in unprecedented times, and to continue in the face of this pandemic and place our communities at greater risk is irresponsible,” said NARF Staff Attorney Matthew Campbell. “The KXL pipeline as currently routed violates the treaties, federal law, and tribal law. We’re asking that the United States honor its treaty obligation to protect Rosebud and Fort Belknap.”

#HonorTheTreaties

More information here.

Summary Judgment and Preliminary Injunction Briefs in Rosebud Sioux Tribe and Fort Belknap Indian Community v. Trump (Keystone XL)

Here are the Summary Judgment and Preliminary Injunction briefs regarding the Keystone XL Pipeline.

 

Previous posting on this issue here.

MLive: “Historic Michigan tribal burial ground threatened by coastal erosion”

Here.

Kalispel Tribe Sues Manufacturers over PFAS

Here is the complaint in Kalispel Tribe v. 3M (E.D. Wash.):

1-complaint-6.pdf

NYTs Coverage of Standing Rock Decision

Here is “Standing Rock Sioux Tribe Wins a Victory in Dakota Access Pipeline Case.

The opinion is here.

Cert Petition in Diné Citizens against Ruining Our Environment v. Navajo Transitional Energy Co. LLC [updated with additional cert stage materials]

Here:

 

Question presented:

Whether Federal Rule of Civil Procedure 19 requires dismissal of an Administrative Procedure Act action challenging a federal agency’s compliance with statutory requirements governing federal agency decisions, for failure to join a non-federal entity that would benefit from the challenged agency action and cannot be joined without consent.

Lower court materials here.

UPDATE:

Navajo Transitional BIO

Arizona Public Service BIO

Tribes Prevail in Standing Rock Suit, Court Orders Army Corps Prepare EIS on Dakota Access Pipeline

Here is the order in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

2020-03-25-dkt-496-memorandum-opinion-re-495-order-on-motions-for-summary-judgment.-signed-by-judge-james-e.-boasberg-on-3252020.pdf

More details later.