Here:
Lower court materials here.
D.C. Circuit
Cheyenne River Sioux’s Motion for Expedited Partial Summary Judgment with Attachments
Further materials in the matter of Standing Rock Sioux Tribe et al v. U.S. Army Corps of Engineers et al (D.D.C. 16-cv-01534):
Amicus Briefs in Standing Rock Sioux Tribe v. Army Corps of Engineers
Download(PDF):
- National Indigenous Women’s Resource Center
- Oglala Sioux Tribe
- Association on American Indian Affairs, Pueblo of Pojoaque, and University of New Mexico School of Law Natural Resources and Environmental Law Clinic
- National Congress of American Indians, Affiliated Tribes of Northwest Indians, Alaska Intertribal Council, Great Plains Tribal Chairman’s Association, Intertribal Association of Arizona, National Association of Tribal Historic Preservation Officers, National Indian Education Association, National Indian Gaming Association, United South and Eastern Tribes Sovereignty Protection Fund, Inc., American Civil Liberties Union, Fred T. Korematsu Center for Law and Equality, and 34 Federally Recognized Indian Tribes
- Great Plains Tribal Chairmans’ Association
Link: Previous posts
CRST’s Request for a Temporary Restraining Order against DAPL is Denied
There are a lot of moving parts on the legal side of the NoDAPL fight. This latest is in Standing Rock Sioux Tribe v. Army Corps of Engineers, No. 16-cv-01534, which was started in July. Those initial materials are here. Most recently in that case, the intervenor-plaintiff tribe, Cheyenne River Sioux, filed a motion for a temporary restraining order. Yesterday there was a hearing on the motion and the judge ruled from the bench:
MINUTE ORDER: As discussed at today’s status hearing, the Court ORDERS that: 1) CRST’s 99 TRO Application is DENIED; 2) Dakota Access shall provide an update on February 21, 2017, and every Monday thereafter as to the likely date that oil will begin to flow beneath Lake Oahe; 3) The Court will hold a hearing on CRST’s Motion for Preliminary Injunction on February 27, 2017, at 2:00 p.m.; 3) Oppositions to such Motion shall be due by February 21, 2017, with any Reply due by February 24, 2017; 4) SRST’s Motion for Partial Summary Judgment shall be filed by February 14, 2017, with Oppositions due by March 7, 2017, and any Reply due by March 21, 2017; 5) The Government may have a two-week extension to oppose Dakota Access’s Motion for Protective Order; and 6) Defendants may have a 30-day extension to respond to the Tribes’ Motions to Amend Complaint. Signed by Judge James E. Boasberg on 2/13/2017. (lcjeb3) (Entered: 02/13/2017)
The motion for a preliminary injunction the judge references is here.
As we posted yesterday, Oglala Sioux has also filed a lawsuit against the Army Corps (Oglala Sioux Tribe v. Army Corps of Engineers, No. 17-cv-00267), which has been assigned to the same judge.
Standing Rock Denounces Army Easement Announcement, Vows Court Challenge
Download(PDF): Press Release
Next steps for Tribe and allies:
- The Tribe will challenge any easement decision on the grounds that the EIS was
wrongfully terminated. The Tribe will demand a fair, accurate and lawful environmental impact statement to identify true risks to its treaty rights, including its water supply and sacred places. - The Tribe has asked the court for DAPL to disclose its oil spill and risk assessment
records for full transparency and review by the public. - If DAPL is successful in constructing and operating the pipeline, the Tribe will seek to
shut the pipeline operations down. - A Native Nations march on Washington is scheduled for March 10. The Standing Rock
Sioux Tribe and tribes across the country invite allies in America and from around the
world to join the march.
D.C. Circuit Briefs in Tuttle v. Jewel
Tribal Amicus Brief in Challenge to EPA Mercury Rule
Here is the brief in Murray Energy Corp. v. EPA (D.C. Cir.):
Court Denies TRO to Prevent Publishing Dakota Access EIS Notice
Download(PDF) DAPL motion and memorandum of law filed January 16, 2017:
- Doc. 80 – Cross-Claimant Dakota Access, LLC’s Motion Under the All Writs Act to Prevent Publication of Environmental-Impact-Statement Notice in Federal Register, and Emergency Motion for Interim Relief Through a Temporary Restraining Order
- Doc. 80-1 – Cross-Claimant Dakota Access, LLC’s Memorandum of Law Supporting Motion Under the All Writs Act to Prevent Publication of Environmental-Impact-Statement Notice in Federal Register, and Emergency Motion for Interim Relief Through a Temporary Restraining Order
From the District Court for the District of Columbia in the matter of Standing Rock Sioux Tribe v. United States Army Corps of Engineers, 1:16-cv-01796-JEB:
“MINUTE ORDER: As explained in open court following today’s hearing, the Court ORDERS that Dakota Access’s 80 Motion for Temporary Restraining Order is DENIED and its Motion for Preliminary Injunction is WITHDRAWN WITHOUT PREJUDICE. Signed by Judge James E. Boasberg on 01/18/2017. (lcjeb3) (Entered: 01/18/2017)”
Download(PDF) Federal Register : Notice of Intent To Prepare an Environmental Impact Statement in Connection With Dakota Access, LLC’s Request for an Easement To Cross Lake Oahe, North Dakota
D.C. Circuit Court Dissolves Emergency Injunction Pending Appeal on Dakota Access Pipeline
As has been reported elsewhere, the D.C. Circuit denied Standing Rock’s injunction of building the pipeline pending appeal. Order here. Previous coverage here.
The court wrote:
Although the Tribe has not met the narrow and stringent standard governing this extraordinary form of relief, we recognize Section 106 of the National Historic Preservation Act was intended to mediate precisely the disparate perspectives involved in a case such as this one. Its consultative process—designed to be inclusive and facilitate consensus—ensures competing interests are appropriately considered and adequately addressed. But ours is not the final word. A necessary easement still awaits government approval—a decision Corps’ counsel predicts is likely weeks away; meanwhile, Intervenor DAPL has rights of access to the limited portion of pipeline corridor not yet cleared—where the Tribe alleges additional historic sites are at risk. We can only hope the spirit of Section 106 may yet prevail.
Joint Statement from DOJ, DOI, and Army Corps:
FOR IMMEDIATE RELEASE OPA
MONDAY, OCTOBER 10, 2016 (202) 514-2007
WWW.JUSTICE.GOV TTY (866) 544-5309
JOINT STATEMENT FROM DEPARTMENT OF JUSTICE, DEPARTMENT OF THE ARMY AND DEPARTMENT OF THE INTERIOR REGARDING D.C. CIRCUIT COURT OF APPEALS DECISION IN STANDING ROCK SIOUX TRIBE V. U.S. ARMY CORPS OF ENGINEERS
WASHINGTON – The Department of Justice, the Department of the Army and the Department of the Interior today issued the following statement regarding the D.C. Circuit Court of Appeals’ decision in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers:
“We appreciate the D.C. Circuit’s opinion.
“We continue to respect the right to peaceful protest and expect people to obey the law.
“The Army continues to review issues raised by the Standing Rock Sioux Tribe and other Tribal nations and their members and hopes to conclude its ongoing review soon. In the interim, the Army will not authorize constructing the Dakota Access Pipeline on Corps land bordering or under Lake Oahe. We repeat our request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.
“We also look forward to a serious discussion during a series of consultations, starting with a listening session in Phoenix on Tuesday, on whether there should be nationwide reform on the Tribal consultation process for these types of infrastructure projects.”
# # #
16-1184
PLEASE DO NOT REPLY TO THIS MESSAGE. IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.
The dear Tribal Leader letter and the consultation dates are here.
D.C. Circuit Briefs in Navajo Challenge to 2014 Annual Funding Agreement
Here are the briefs in Navajo Nation v. Dept. of Interior:
Lower court materials here.
Turtle Talk 
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