Standing Rock Sioux Tribe v. United States Army Corps of Engineers – Page 3

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

February 13, 2017Sarah M Donnelly

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.

Dept. of Army Issues Notice to Congress of Intent to Grant Easement to Dakota Access

February 7, 2017February 7, 2017Matthew L.M. Fletcher2 Comments

Here:

Dakota Access Pipeline Notification

News coverage.

Notice Filed in District Court Case

Exhibit 1 (Notice to Congress)

Exhibit 2 (Memorandum of Compliance with Presidential Memorandum)

Exhibit 3 (Notice of termination of EIS)

Court Denies TRO to Prevent Publishing Dakota Access EIS Notice

January 19, 2017Sarah M Donnelly1 Comment

Download(PDF) DAPL motion and memorandum of law filed January 16, 2017:

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