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.

First Circuit Grants En Banc Petition for Review in Penobscot Nation Reservation Case

Here is the order in Penobscot Nation v. Frey:

2020.04.08 ORDER Granting Mot Rehr’g En Banc

En banc stage briefs are here.

KOAT: “Tribal communities hit hard by COVID-19 not seeing promised federal aid”

Here.

Federal Court Holds 1868 Treaty of Fort Laramie Imposes Duty on Federal Government to Provide Adequate Health Care at Rosebud

Here are the materials in Rosebud Sioux Tribe v. United States (D.S.D.):

An excerpt:

As to the tribes that entered into the 1868 Treaty of Fort Laramie for the reasons discussed above, the Government’s duty—expressed at the time as furnishing “to the Indians the physician… and that such appropriations shall be made from time to time, on the estimate of the Secretary of the Interior, as will be sufficient to employ such persons”—can be interpreted under the canons of construction applicable to Indian treaties as requiring the Government to provide competent physician-led health care to the Tribe.

Prior post here.

NYTs Coverage of Standing Rock Decision

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

The opinion is here.

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.

Federal Court Dismisses Snoqualmie’s Play for Hunting and Gathering Rights under Treaty of Point Elliott

Here are the materials in Snoqualmie Indian Tribe v. State of Washington (W.D. Wash.):

14-snoqualmie-msj.pdf

27-point-elliott-tribes-amicus-brief.pdf

27-1-exhibits.pdf

29-state-mtd.pdf

31-snoqualmie-response.pdf

38-state-reply.pdf

39-dct-order.pdf

We posted the complaint here.

Dakota Access Pipeline Case to be Argued Today in D.C.

Here is the court calendar.

Here are the tribe-side briefs.

The Tyee: “What If We’d Gone Hard for Treaties Instead of Fossil Fuels?”

Here.