D.C. Circuit Affirms Order that DAPL Easement is Illegal, but Does Not Require Shutdown of Pipeline

Here is the opinion in Standing Rock Sioux Tribe v. United States Army Corps of Engineers.

An excerpt:

Lake Oahe, created when the United States Army Corps of Engineers flooded thousands of acres of Sioux lands in the Dakotas by constructing the Oahe Dam on the Missouri River, provides several successor tribes of the Great Sioux Nation with water for drinking, industry, and sacred cultural practices. Passing beneath Lake Oahe’s waters, the Dakota Access Pipeline transports crude oil from North Dakota to Illinois. Under the Mineral Leasing Act, 30 U.S.C. § 185, the pipeline could not traverse the federally owned land at the Oahe crossing site without an easement from the Corps. The question presented here is whether the Corps
violated the National Environmental Policy Act, 42 U.S.C. § 4321, by issuing that easement without preparing an environmental impact statement despite substantial criticisms from the Tribes and, if so, what should be done about that failure. We agree with the district court that the Corps acted unlawfully, and we affirm the court’s order vacating the easement while the Corps prepares an environmental impact statement. But we reverse the court’s order to the extent it directed that the pipeline be shut down and emptied of oil.

Briefs here.

SCOTUS Grants CARES Act Cases

Here is today’s order list. The Court granted the consolidated cases of Mnuchin v. Confederated Tribes of the Chehalis Reservation and Alaska Native Village Corporation Assn. v. Confederated Tribes of the Chehalis Reservation.

Here are the cert stage briefs.

Here are the lower court materials.

Cert Stage Briefs in CARES Act Funding Eligibility Matter [Mnunchin v. Chehalis/ANVC v. Chehalis]

Here:

Mnuchin v Chehalis Cert Petition

Alaska Native Corps Cert Petition

Members of Congress Amicus Brief

State of Alaska Amicus Brief

Chehalis Brief in Opposition

Ute Tribe BIO

Cheyenne River Sioux BIO

ANVCA Reply

Federal Petitioner’s Reply

Lower court materials here.

Update in Scotts Valley Band of Pomo Indians v. Dept. of the Interior

Here are updated materials in Scotts Valley Band of Pomo Indians v. Dept. of the Interior (D.D.C.):

34 DCt Order on Supplementing Admin Record

37 Yocha Dehe Wintun Nation Motion for Reconsideration

38 Opposition

39 Reply

40 DCT Order Denying Yocha Dehe Wintun Nation Motion

Prior post here.

D.C. Circuit Materials in Standing Rock v. Army Corps

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

Dakota Access Brief

Dakota Access Reply

Federal Brief

Federal Reply Brief

Members of Congress Amicus Brief

NIWRC Amicus Brief

North Dakota Brief

Standing Rock Brief

States Against DAPL Amicus Brief

States Supporting DAPL Amicus Brief

Tribal Orgs Amicus Brief

Oral argument audio here.

Lower court materials here.

Federal Govt. Brings Cert Petition on CARES Act Funding Eligibility

Here is the petition in Mnuchin v. Confederated Tribes of the Chehalis Reservation:

Mnuchin v Chehalis Cert Petition

Question presented:

Whether Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act are “Indian Tribe[s]” for purposes of the CARES Act, 42 U.S.C. 801(g)(1).

The Alaska Native Corps petition is here.

Lower court materials here.

Federal Court Rejects Yocha Dehe Wintun Nation Intervention in Scotts Valley Band Pomo Indian Lands Case

Here are the new materials in Scotts Valley Band of Pomo Indians v. Dept. of the Interior (D.D.C.):

17-1 Yocha Dehe Wintun Nation Motion to Intervene

18 Scotts Valley Opposition

19 Reply

33 DCT Order

Complaint posted here.