Here is the opinion 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):
Link: Previous posts, other documents related to Dakota Access Pipeline
Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers
The Tribes’ Reply in Support of Remand Conditions and Proposed Order
Here are the documents 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):
Other materials posted here.
Environmental Assessment Not Vacated on Remand in Dakota Access
Here are the documents 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):
Other materials posted here.
Excerpt:
In light of the “serious possibility” that the Corps will be able to substantiate its prior conclusions, the Court finds that vacatur is not the appropriate remedy in this case. That determination does not, however, excuse Defendants from giving serious consideration to the errors identified in this Court’s prior Opinion. Compliance with NEPA cannot be reduced to a bureaucratic formality, and the Court expects the Corps not to treat remand as an exercise in filling out the proper paperwork post hoc. After the agency’s further work on remand, the parties may well disagree over the sufficiency of its conclusion. If and when such a dispute arises, they will again have the opportunity to address whether Defendants have in fact fulfilled their statutory obligations.
Standing Rock/NoDAPL Motion to File Amicus in Support of Dakota Access and ACOE Brief Regarding Remedy
Here are the briefs(PDF) 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):
- 258- United States Army Corps of Engineers’ Brief Regarding Remedy
- 259- Motion of the American Fuel & Petrochemical Manufacturers, the American Petroleum Institute, the Association of Oil Pipe Lines, the Chamber of Commerce of the United States of America, and the National Association of Manufacturers for Leave to File Amici Curiae Brief in Support of Dakota Access, LLC’s Brief on Vacatur
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
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.
Feds Deny Approval of Construction of the DAPL on Lands that Border Lake Oahe [corrected headline]
Here is the United States’ press release:
JOINT STATEMENT FROM THE DEPARTMENT OF JUSTICE, THE DEPARTMENT OF THE ARMY AND THE DEPARTMENT OF THE INTERIOR REGARDING 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 issued the following statement regarding Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers:
“We appreciate the District Court’s opinion on the U.S. Army Corps of Engineers’ compliance with the National Historic Preservation Act. However, important issues raised by the Standing Rock Sioux Tribe and other tribal nations and their members regarding the Dakota Access pipeline specifically, and pipeline-related decision-making generally, remain. Therefore, the Department of the Army, the Department of Justice, and the Department of the Interior will take the following steps.
“The Army will not authorize constructing the Dakota Access pipeline on Corps land bordering or under Lake Oahe until it can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws. Therefore, construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time. The Army will move expeditiously to make this determination, as everyone involved — including the pipeline company and its workers — deserves a clear and timely resolution. In the interim, we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.
“Furthermore, this case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects. Therefore, this fall, we will invite tribes to formal, government-to-government consultations on two questions: (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals.
“Finally, we fully support the rights of all Americans to assemble and speak freely. We urge everyone involved in protest or pipeline activities to adhere to the principles of nonviolence. Of course, anyone who commits violent or destructive acts may face criminal sanctions from federal, tribal, state, or local authorities. The Departments of Justice and the Interior will continue to deploy resources to North Dakota to help state, local, and tribal authorities, and the communities they serve, better communicate, defuse tensions, support peaceful protest, and maintain public safety.
“In recent days, we have seen thousands of demonstrators come together peacefully, with support from scores of sovereign tribal governments, to exercise their First Amendment rights and to voice heartfelt concerns about the environment and historic, sacred sites. It is now incumbent on all of us to develop a path forward that serves the broadest public interest.”
Turtle Talk 