Environmental

Okla. Federal Court Permanently Enjoins Pipeline from Operating on Indian Allotment

Matthew L.M. Fletcher

Here is the order in Davilla v. Enable Midstream Partners (W.D. Okla.):

56 DCT Order

Prior posts here and here.

North Dakota Oil Spill News

Matthew L.M. Fletcher

Who says the black snake stays in its shell?

“December Pipeline Spill in North Dakota 3 Times Larger Than Original Estimates,” from Colorlines. 

Federal Court Dismisses Remaining Claims in Winnemem Effort to Protect Coonrod Flats

Matthew L.M. Fletcher

Here are the materials in Winnemem Wintu Tribe v. Dept. of Interior (E.D. Cal.), also known as Franco v. USFS:

150 Supplemental Brief

155 Tribe Brief on Remedies

156 US Brief on Remedies

160 DCT Order on Reconsideration

Prior post here.

Permit Issued for Keystone XL Pipeline

Matthew L.M. Fletcher

Here.

DAPL Appeal Pleadings

Matthew L.M. Fletcher1 Comment

Here are the briefs in Standing Rock Sioux Tribe v. United States Army Corps of Engineers:

2017 03 15 Em Mtn for Injunction

2017 03 17 ACOE Resp in Opp

2017 03 17 CRST Reply

2017 03 17 DAPL Resp in Opp Exhibits

2017 03 17 DAPL Resp in Opp

2017 03 18 Order Denying Injunction

Ninth Circuit Rejects Challenges to Navajo Generating Station Clean Air FIP

Matthew L.M. Fletcher

Here is the opinion in Yazzie v. EPA. Here is the opinion in Hopi Tribe v. EPA. The Yazzie opinion is the lead opinion and has more details.

Materials in the Yazzie appeal are here. Materials in the Hopi appeal are here (some of the Yazzie briefs are here, too).

Breaking Ground at Standing Rock: The Dakota Access Pipeline and Environmental Justice

Sarah M Donnelly

Download(PDF): Flyer

ABA Environmental Justice Committee’s upcoming teleconference “BREAKING GROUND AT STANDING ROCK: The Dakota Access Pipeline and Environmental Justice” is taking place on April 13, 3:00PM- 4:00PM (EST).

Federal Court Allows Tribal NHPA Consultation Claims to Proceed in Freeway Challenge

Matthew L.M. Fletcher1 Comment

Here are the materials in Coyote Valley Band of Pomo Indians of California v. United States Department of Transportation (N.D. Cal.):

68 Federal Motion to Dismiss

69 State Motion to Dismiss

73 Tribe Response to State Motion

74 Tribe Response to Federal Motion

76 Federal Reply

77 State Reply

94 DCT Order Partially Granting Federal Motion

Map of Proposed Pipelines in Tribal Homelands by Aaron Carapella

Image Sarah M Donnelly

Link: Aaron Carapella’s website with larger PDF version.

Complaint in Pawnee Nation lawsuit for Earthquake Damage caused by Wastewater Injection

Singel1 Comment

Here is the complaint filed in the Pawnee Nation Tribal Court in Pawnee Nation of Oklahoma v. Eagle Road Oil LLC, et al.

On Friday, March 3, the Pawnee Nation sued 27 companies that operate wastewater disposal wells used in fracking operations in and near Pawnee, Oklahoma.  The complaint alleges that the actions of the defendants have contributed to earthquakes and resulting damage to the Pawnee Nation of Oklahoma, and it includes claims based on strict liability, negligence, private nuisance, and trespass. The Tribe seeks compensatory and punitive damages.