Standing Rock’s Request for an Injunction Denied

Here:

memorandum-opinion-09_09_2016

Atlantic: “The Legal Case for Blocking the Dakota Access Pipeline”

Here.

Subtitled: “Did the U.S. government help destroy a major Sioux archeological site?”

An excerot:

“These are valid claims and, as alleged, they are strong claims,” says Sarah Krakoff, a professor of environmental resource and Indian law at the University of Colorado Boulder. “These [federal provisions] are intended to slow this process down, so that they can make sure the right environmental decision is being made.”

She added, “the Clean Water Act has substantive provisions that prefer good environmental outcomes to bad. And the proximity of this pipeline to their main water source does make their legal case stronger than some I’ve seen.”

Cheyenne River Sioux Tribe Intervenor Complaint in DAPL Suit

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

37-crst-complaint

final-revised-treaty-complaint-press-release-2016-09-08

Yankton Sioux Tribe Sues US Army Corps over DAPL

Here is the complaint in Yankton Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

16-09-08-complaint

16-09-08-press-release-re-complaint

NYTs: “‘I Want to Win Someday’: Tribes Make Stand Against Pipeline”

Here.

Colorado gold mine is one of the EPA’s new Superfund pollution sites

A Colorado gold mine that spilled more than 3 million gallons of wastewater into western rivers was among nearly a dozen sites added Wednesday to the Environmental Protection Agency’s Superfund National Priorities List.

HERE.

Prior posts on the Gold King Mine HERE.

 

Standing Rock v. Army Corps Update — New Pleadings on Newly Discovered Archeological Sites

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

srst-motion-tro

usace-response

“Life in the Native American oil protest camps”

From BBC, here.

Dakota Access SLAPP Suit in Iowa Rejected

Here are the materials in Dakota Access, LLC v. Iowa Citizens for Community Improvement (S.D. Iowa):

2-1 Motion for TRO

4 Opposition

6 DCT Order

Bismarck Tribune Article on Lack of Written Easement From Corps for Dakota Access Pipeline

Here.

While hundreds are settling in for the long haul at an encampment to protest the Dakota Access Pipeline, the U.S. Army Corps of Engineers confirmed Thursday that the pipeline developer, Energy Transfer Partners, does not yet have a written easement to build the pipeline on corps property.

Corps spokesman Larry Janis said the easement is still under review, though the agency did issue Section 408 permission in late July that allows the easement to be written.

“They can’t build the project by accessing corps property from west to east across Lake Oahe,” Janis said of any current construction.

***

The realization that the company still does not have an actual easement surfaced Wednesday in a federal district court in Washington, D.C., where the Sioux tribe’s request for an injunction to stop the pipeline pending its suit against the corps was heard. The court judge said he wants more time to study whether the corps failed to follow the National Historic Preservation Act and other federal laws in its environmental review of the project. The judge said he will rule on the injunction Sept. 9.

Documents in the hearing discussed in the article are here.