Here is the opinion in Sisseton-Wahpeton Oyate v. Dept. of State (D.S.D.) — Sisseton v Dept of State

This is an interesting case involving the President’s inherent authority to authorize an international oil pipeline as a part of his foreign affairs power.

An excerpt:

I want to emphasize that the granting of this motion will not give the defendants a free pass to “do-as-they-please.” They will, of course, still be subjected to the rigorous federal environmental and historical preservation laws throughout the construction and operation phases of the proposed pipeline. In this case, however, the court lacks the authority to strike down the issuance of the permit. Alternatively, if the court did have such power, I find that a good faith effort was made to identify historic properties that may be affected by this project.