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).
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).
Here are the materials in Coyote Valley Band of Pomo Indians of California v. United States Department of Transportation (N.D. Cal.):
73 Tribe Response to State Motion
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.
Here is the order in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):
Materials here.
Here are the materials in Protect Our Communities Foundation v. Black (S.D. Cal.):
Here.
Kyle Whyte has posted “The Dakota Access Pipeline, Environmental Injustice, and U.S. Colonialism” on SSRN. It is forthcoming in Red Ink.
Here is the abstract:
Starting in April 2016, thousands of people, led by Standing Rock Sioux Tribal members, gathered at camps to stop the construction of the Dakota Access Pipeline (DAPL)—creating the #NoDAPL movement. I am concerned with how critics of #NoDAPL often focus on defending the pipeline’s safety precautions or the many attempts the Army Corps of Engineers made at consulting the Tribe. Yet critics rarely engage what LaDonna Brave Bull Allard calls “the larger story.” To me, as an Indigenous supporter of #NoDAPL, one thread of the larger story concerns how DAPL is an injustice against the Tribe. The type of injustice is one that many other Indigenous peoples can identify with—U.S. settler colonialism. I seek to show how there are many layers to the settler colonial injustice behind DAPL that will take me, by the end of this essay, from U.S. disrespect of treaty promises in the 19th century to environmental sustainability and climate change in the 21st century.
We noted last November that the Pawnee Nation sued the Dept. of Interior in federal district court to challenge the approval of federal oil and gas leases on tribal lands here.
Today, several news agencies here, here, and here report that the Pawnee Nation has sued 27 oil and gas companies in the Pawnee Nation Tribal Court for damage caused by earthquakes. Earthquakes have been associated with wastewater injection practices used in conjunction with hydraulic fracking. Last September, the Pawnee Nation suffered damage to historic buildings due to a 5.6 magnitude earthquake.
We’ll post a copy of the complaint as soon as it becomes available.
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