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

Colorado Law School AILP Coordinating Legal Resources for DAPL Protesters

Here:

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

Here.

Standing Rock’s TRO Granted in Part and Denied in Part

As this article notes, the TRO was partially granted this afternoon.

Here’s the docket entry:

MINUTE ORDER: As explained at today’s hearing, the Court ORDERS that Plaintiffs’ [30, 31] Motions for Temporary Restraining Order are GRANTED IN PART and DENIED IN PART. As agreed by Defendants, the Court ORDERS that no construction activity on the DAPL may take place between Highway 1806 and 20 miles to the east of Lake Oahe. Construction activity to the west of Highway 1806 may proceed. Signed by Judge James E. Boasberg on 9/6/2016. (lcjeb1) (Entered: 09/06/2016)

Documents here.

 

Grand Traverse Band Press Release on Dakota Access Pipeline Protests & Enbridge Line 5

PRESS RELEASE: STANDING ROCK SIOUX OPPOSITION TO DAKOTA ACCESS PIPELINE AND GTB’S OPPOSITION TO ENBRIDGE LINE 5.

Peshawbestown, Michigan, SEPTEMBER 2, 2016.  The Grand Traverse Band of Ottawa and Chippewa Indians (GTB), by Tribal Resolution 16-34.2792, and a letter to President Obama, joins in the Standing Rock Sioux opposition to the Dakota Access Pipeline in North Dakota requesting that President Obama override the Army Corps Engineers permit authorization for DAPL pipeline construction based on lack of compliance with federal environmental law. GTB’s central and independent rationale in supporting the Standing Rock Sioux Tribe is GTB’s opposition to Enbridge Line 5 under the Straits of Mackinac.

“Both of these pipelines are scars across land and water that could injure not only treaty protected rights of Native Americans but also the land and water inheritance of all Americans. If we are to take these risks with our common resources, then at a minimum, both the federal government and the pipeline companies need to be held to the highest environmental and legal standard of review to ensure the safety of land and water for all Americans,” Tribal Chairman Sam McClellan said.

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.

“Why There’s a Media Blackout on the Native American Oil Pipeline Blockade”

Here.

South Dakota NALSA: “Standing with Standing Rock”

Here:

Standing with Standing Rock.jpg

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.