Federal Court Rejects Tribal Challenge to Keystone XL Pipeline Permit, Asks for More Briefing on Constitutional Questions

Here are the updated materials in the case now captioned Rosebud Sioux Tribe v. Trump (D. Mont.):

93 DCT Order with Questions

95 TransCanada Response to DCT Questions

97 TransCanada MSJ

101 US Response to DCT Questions

109 US MSJ

111 Response to 97

114 Plaintiffs MSJ

120 Plaintiffs Motion for PI

126 TransCanada Response to 120

127 US Response to 120

131 Plaintiffs Motion for TRO

134 TransCanada Response to 114

136 Reply in Support of 97

137 Plaintiffs Response to 109

139 US Response to 114

141 TransCanada Response to 131

142 Plaintiffs Reply in Support of 120

143 US Response to 131

144 Plaintiffs Reply in Support of 114

145 US Reply in Support of 109

150 Plaintiffs Reply in Support of 131

167 DCT Order

Prior post here.

SCOTUS Lifts Stay on Nationwide Pipeline Permit Injunction but Not for Keystone XL

Here is the order in United States Army Corps of Engineers v. Northern Plains Resource Council.

Here are the briefs:

US Army Corps Stay Application



Lower court order here.

Fort Peck Tribe Sues Interior over Keystone XL Pipeline

Here is the complaint in Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation v. Dept. of the Interior (D. Mont.):

1 Complaint

Federal Court Vacates Keystone XL Permit, Orders Remand to Federal Agency

Here is the order in Northern Plains Resource Council v. U.S. Army Corps of Engineers (D. Mont.):

130 DCT Order

Briefs in Rosebud Sioux Tribe v. Trump here.

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.”


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.

Most Claims against Federal Approvals of Keystone XL Allowed to Proceed

Here is the order in Rosebud Sioux Tribe v. Trump (D. Mont.):

92 DCT Order

Briefs here.