Tribal Motions for Summary Judgment in Standing Rock v. Army Corps [Dakota Access Pipeline]

Here are the new materials in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

418 DCT Order on Administrative Record

433-2 Standing Rock Motion for Summary Judgment

434-2 Oglala Motion for Summary Judgment

435-1 Yankton Motion for Summary Judgment

436-1 Cheyenne River Motion for Summary Judgment

439 NCAI Amicus Brief

Sioux Tribes Request Precautionary Measures to Protect Against DAPL

Download(PDF):

Filed on behalf of Standing Rock, Cheyenne River, and Yankton Sioux Tribes by the American Indian Law Clinic at Colorado Law, Earthjustice, and Fredericks, Peebles and Morgan LLP.

Measures requested:

  1. Deny the easement allowing construction of the pipeline under the Missouri River at
    Lake Oahe as soon as possible;
  2. Complete a full environmental impact statement in formal consultation with the Tribes;
  3. Establish clear rules requiring that indigenous peoples who may be affected by
    government decisions have the opportunity for full and meaningful prior informed
    consent within the meanings established in the UN Declaration on the Rights of
    Indigenous Peoples and the jurisprudence of the Inter-American Court and this
    Commission;
  4. Establish clear rules ensuring full environmental and social assessment of activities that may affect indigenous peoples, with the full participation of the affected indigenous peoples;
  5. Immediately take all actions necessary to guarantee the safety of those engaging in
    peaceful prayer and protest concerning DAPL, and to ensure the full enjoyment of their rights to expression and assembly;
  6. Any other action this Commission deems appropriate.

WaPo Article on Shut Down and Indian Tribes

Here.

Some tribes intend to fill the gap in federal funds themselves, risking deficits of their own to cushion communities with chronic high unemployment and poverty against the effects of the budget battle.

“Do we just throw kids onto the street, or do we help them? Most likely we’re going to help those families and do whatever we can until this is unresolved,” said Tracy “Ching” King, president of northern Montana’s Fort Belknap Reservation.

But for other tribes, basic services stand to take a direct hit. That includes programs heavily subsidized by federal agencies and others paid for with tribal money that is suddenly unavailable because it’s being held by the Department of Interior, tribal leaders said.

Updated Briefing in Charles Mix County’s Constitutional Challenge to IRA Section 5

We posted the opening brief here. Here are the remaining briefs:

Interior Appellee Brief

Charles Mix County Reply Brief

Lower court materials are here.

ICT on the Keystone Oil Pipeline that May Cross Sioux Nation Territory

Here. Additional coverage of the lobbying efforts of TransCanada in the Washington Post today.

Keystone XL Pipeline Map

Supreme Court Denies Cert in Daugaard/Hein/South Dakota v. Yankton Sioux and Miccosukee v. Kraus-Anderson

Here is the order list.

Here are the cert stage briefs in both cases.