Eighth Circuit Decides Kodiak Oil & Gas (USA) Inc. v. Burr]

Here.

Excerpt:

A dispute over the practice of flaring natural gas from oil wells fuels the legal controversy in this case: the scope of Native American tribal court authority over  nonmembers. Several members of the MHA Nation sued numerous non-tribal oil and gas companies in MHA tribal court. Those companies operate oil wells on lands within the Fort Berthold Indian Reservation that have been allotted to individual tribe members but are held in trust by the federal government. The tribe members alleged the companies owed royalties from wastefully-flared gas. Some of these companies unsuccessfully contested the tribal court’s jurisdiction over them in tribal court. Then they initiated this action in federal court to enjoin the tribal court plaintiffs and tribal court judicial officials. The district court issued a preliminary injunction, and the tribal court plaintiffs and officials separately appealed. We affirm the injunction because we conclude suits over oil and gas leases on allotted trust lands are governed by federal law, not tribal law, and the tribal court lacks jurisdiction over the nonmember oil and gas companies.

Briefs here.

Federal Court Materials in MHA Nation Allottees Trespass Suit against Oil and Gas Companies

Here are the materials so far in Hall v. Tesoro High Plains Gas Co. LLC (D.N.D.):

9-amended-complaint.pdf

21-motion-to-dismiss.pdf

30-response.pdf

35-reply.pdf

Here are materials in a related case, Chase v. Andeavor Logistics LP (W.D. Tex.):

22 Motion to Transfer

25 Memo in Support

28 Amended Complaint

40 Response to Motion to Transfer

57 Reply

67 DCT Order Granting Motion to Transfer

Federal Court Dismisses Dakota Access Pipeline-Related RICO Suit Brought by Pipeline Co. against Greenpeace and Individual Indians

Here are the materials in Energy Transfer Equity LP v. Greenpeace International (D.N.D.):

95 Amended Complaint

102 Greenpeace Fund MTD

103-1 Greenpeace Intl MTD

111 Response

121 Two Bulls MTD

125 Response

126 Two Bulls Reply

130 Montoya MTD

131 Response

135 DCT Order

D.C. District Court Transfers MHA Nation Suit against BLM Drilling Permit Approvals to North Dakota

Here are the materials in Mandan Hidatsa and Arikara Nation v. Dept. of Interior (D.D.C.):

1 Complaint

10 Slawson Motion to Intervene

17 DCT Order Granting 10

18 Slawson Motion to Transfer Case to DND

23 DOI Joinder to 18

27 MHA Nation Opposition to 18

30 Reply in Support of 18

31 DOI Reply in Support of 18

33 DCT Order Granting Motion to Transfer

Federal Court Rejects Spirit Lake Tribe’s Voting Rights Effort

Here are the materials in Spirit Lake Tribe v. Jaeger (D. N.D.):

9 Motion for TRO

Doc. 33 Order Denying Plaintiffs’ Motion for Temporary Restraining Order 2018.11.01 (00196925x9D7F5)

Complaint here.

Eighth Circuit Briefs in Kodiak Oil & Gas (USA) Inc. v. Seaworth [formerly Burr]

Here:

MHA Nation Judicial Officers Brief

HRC Brief

Lower court materials here.