Case: Standing Rock Sioux Tribe v. United States Army Corps of Engineers

1:16-cv-01534 | U.S. District Court for the District of Columbia

Filed Date: July 27, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 27, 2016, the Standing Rock Sioux Tribe filed this lawsuit in the U.S. District Court for the District of Columbia. The Tribe, represented by Earthjustice, sued the U.S. Army Corps of Engineers to block the Corps’ actions related to the Dakota Access Pipeline (a 1,168-mile crude oil pipeline running from North Dakota to Illinois). The Tribe sought injunctive and declaratory relief and attorneys’ fees and costs under the National Environmental Protection Act (NEPA), the National Histori…

On July 27, 2016, the Standing Rock Sioux Tribe filed this lawsuit in the U.S. District Court for the District of Columbia. The Tribe, represented by Earthjustice, sued the U.S. Army Corps of Engineers to block the Corps’ actions related to the Dakota Access Pipeline (a 1,168-mile crude oil pipeline running from North Dakota to Illinois). The Tribe sought injunctive and declaratory relief and attorneys’ fees and costs under the National Environmental Protection Act (NEPA), the National Historic Preservation Act (NHPA), the Clean Water Act (CWA), and the Rivers and Harbors Act (RHA). The case was assigned to Judge James E. Boasberg.

The Tribe challenged the application of Nationwide Permit 12, which authorized discharges into federal waters, but which was issued without meeting NHPA requirements. The Tribe also challenged the issuance of multiple federal authorizations that were needed to construct certain segments of the pipeline. The plaintiff alleged that these authorizations were made in violation of the CWA and its governing regulations and without compliance with NHPA and NEPA.

On August 4, 2016, the plaintiff moved for a preliminary injunction requiring the Corps to withdraw Nationwide Permit 12 as applied to the Dakota Access Pipeline and to withdraw verifications issued for the Dakota Access Pipeline to discharge in federally regulated waters at 204 sites along the pipeline route.

The following day, Dakota Access, LLC (the company authorized to construct the pipeline), filed an unopposed motion to intervene as a defendant. The court granted this motion on August 8, 2016.

On August 10, 2016, the Cheyenne River Sioux Tribe moved to intervene as plaintiff. The court granted this motion on August 19, 2016.

To prevent further destruction of sacred and culturally significant sites near Lake Oahe, North Dakota, the Standing Rock Tribe filed an emergency motion for a temporary restraining order (TRO). The Cheyenne River Tribe filed a separate motion for a similar TRO, additionally asking the court to enjoin Dakota Access from harming and antagonizing members of the Tribe who were peacefully protesting at the site of construction.

On September 8, 2016, the Cheyenne River Tribe filed an amended complaint with allegations similar to the complaint of the Standing Rock Tribe. Additionally, it alleged violations of the Fort Laramie Treaty of 1851, the Sioux Nation Treaty of 1868, and the Flood Control Act of 1944.

On September 9, 2016, the court denied the plaintiffs’ motion for preliminary injunction, finding that the plaintiffs had failed to demonstrate that the court could prevent damage to important cultural resources by enjoining the Corps’ issuance of pipeline-related permits. 205 F.Supp.3d 4. That same day, the plaintiffs appealed the court’s decision to the United States Court of Appeals for the District of Columbia Circuit. On January 18, 2017, the District of Columbia Circuit affirmed the decision of the lower court and dismissed the appeal.

On November 15, 2016, Dakota Access filed an answer to Cheyenne River Tribe’s first amended complaint that included crossclaims against the Corps. This cross-claim sought a judgment declaring that Dakota Access had legal right-of-way, within the meaning of the Mineral Leasing Act, to build and operate an oil pipeline beneath the federal land that borders Lake Oahe. On December 5, 2016, Dakota Access moved for summary judgment on this cross-claim.

On January 6, 2017, the Corps moved to dismiss Dakota Access’ cross-claim, arguing that Dakota Access did not plausibly allege that the United States Department of the Army had completed the administrative decision-making process required to grant Dakota Access an easement to install a pipeline under Corps-managed Federal land at Lake Oahe, pursuant to the Mineral Leasing Act.

On that same day, the Cheyenne River Tribe moved to dismiss Dakota Access’ cross-claim for lack of ripeness, as its claim challenged an agency action that was not yet final. In the alternative, it requested the court to enter summary judgment against Dakota Access’ cross-claim.

On February 9, 2017, the Cheyenne River Tribe moved for a preliminary injunction directing the Corps to withdraw the easement/right-of-way allowing Dakota Access to drill an oil pipeline under federally-owned lands. On March 7, 2017, the court denied this motion, finding that the Tribe had failed to show that the Corps’ decision to grant an easement to Dakota Access constituted a substantial burden on its members’ free exercise of religion. 239 F.Supp.3d 77. The Tribe appealed this decision to the District of Columbia Circuit but then voluntarily dismissed the appeal.

Also on February 9, 2017, the Cheyenne River Tribe moved for an ex parte TRO to halt construction and drilling of an oil pipeline under federally-owned lands.

In the meantime, President Donald Trump took office. Within days of his inauguration, President Trump directed the Corps to “review and approve” pipeline permits on an expedited basis. The Corps obeyed this direction, and on February 8, 2017, it issued the easement and summarily terminated the environmental impact statement process. After the permit was issued, construction began. On February 14, 2017, the Standing Rock Tribe sought partial summary judgment on this issue, claiming that this easement decision, as well as the Corps’ July regulatory actions and accompanying NEPA analysis, violated the Administrative Procedure Act. The Cheyenne River Tribe made a similar motion; the Corps and Dakota Access also moved for summary judgment (in two motions that are not available on the docket). In response to all of these motions, on June 14, 2017, the court found the Corps’ environmental analysis unlawful, and remanded the matter to the Corps for further analysis. 255 F.Supp.3d 101.

While those motions were pending, in March 2017 the court ordered that this case be consolidated with Yankton Sioux Tribe v. United States Army Corps of Engineers and Oglala Sioux Tribe v. United States Army Corps of Engineers.

The Cheyenne River Tribe filed a second amended complaint against Dakota Access and Corps on June 14, 2017, seeking additional declaratory relief. The Standing Rock Tribe filed a first amended complaint, alleging violations under the Mineral Leasing Act, the Fort Laramie Treaty, and the Flood Control Act.

On December 4, 2017, in order to mitigate the risk of potential oil spills during the pendency of the litigation, the court ordered the parties to coordinate to finalize a spill response plan for the tribal areas in dispute. 280 F.Supp.3d 187. The court also ordered Dakota Access, with input from the Tribes, to select a third-party independent expert to review conditions and assess the pipeline’s compliance. Finally, Dakota Access was required to submit bi-monthly reports to the court.

On March 19, 2018, the court dismissed the Tribes’ NHPA claims as moot (in light of the completed construction of the pipeline), and granted summary judgment to the Corps and Dakota Access on the treaty-based claims and the NEPA claims. 301 F.Supp.3d 50.

On December 12, 2018, the court entered judgment in favor of the Corps and Dakota Access on the plaintiffs’ RFRA claims (by the plaintiffs’ consent). The court also ruled that the Tribes could argue that their NHPA claims were not, in fact, moot.

On January 3, 2019, the court permitted the plaintiffs to file 4 supplemental complaints, alleging that the Corps’ decision to affirm its original decision (on remand) was arbitrary and capricious in violation of the Administrative Procedure Act, NEPA, and the Tribes’ treaty rights.

On March 25, 2020, the court granted partial summary judgment to the plaintiffs, ruling that the Corps had violated NEPA by determining that an environmental impact statement was unnecessary; it ordered the Corps to complete an environmental impact statement. Correspondingly, the court ordered the parties to brief the question of whether the original easement should be vacated during the pendency of this second remand. In the same order, the court granted summary judgment to the Corps and Dakota Access on the Tribes’ renewed NHPA claims and on the Oglala Tribe’s claims under the Mni Waconi Act of 1988. 2020 WL 1441923.

In May 2020, the court received nearly a dozen amicus briefs. These included a brief from 14 states, another from 37 members of Congress, and a third brief from 28 federally recognized Indian tribes and related organizations.

On July 6, 2020, the court vacated the easement which had authorized construction of the pipeline under the Missouri River near Lake Oahe. It ordered that the pipeline must be closed and emptied by August 5, to remain closed until the Corps completed an Environmental Impact Statement (which was expected to take until 2021). 2020 WL 3634426. Dakota Access immediately appealed to the D.C. Circuit; the district court denied a motion for stay on July 9, 2020.

On July 14, 2020, the D.C. Circuit (Judges Rogers, Griffith, and Pillard) issued an administrative stay of the district court’s order regarding closure of the pipeline.

On August 5, it denied the motion to stay the district court’s order vacating the original easement; however, although that ruling stood (and the pipeline was therefore not legally authorized), the D.C. Circuit found that the district court had not made the “findings necessary for injunctive relief” under the four-factor test in Winter v. Natural Resources Defense Council. The court therefore remanded to the district court for further consideration, indicating that the Corps must clarify its position on continued operation of the pipeline in view of the vacated easement, after which the district court could take further action as appropriate. As of August 26, 2020, further proceedings are pending in the district court.

Summary Authors

Jake Parker (7/20/2018)

Gregory Marsh (8/26/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/41956188/parties/standing-rock-sioux-tribe-v-united-states-army-corps-of-engineers/


Judge(s)

Boasberg, James Emanuel (District of Columbia)

Griffith, Thomas Beall (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Pillard, Cornelia Thayer Livingston (New York)

Rogers, Judith Ann Wilson (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Baker, Jennifer S. (Colorado)

Bartlett, Brad A (Colorado)

Goldman, Patti A. (Washington)

Gonzalez, Mario (South Dakota)

Judge(s)

Boasberg, James Emanuel (District of Columbia)

Griffith, Thomas Beall (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Pillard, Cornelia Thayer Livingston (New York)

Rogers, Judith Ann Wilson (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Baker, Jennifer S. (Colorado)

Bartlett, Brad A (Colorado)

Goldman, Patti A. (Washington)

Gonzalez, Mario (South Dakota)

Hasselman, Jan (Washington)

Marks, Patricia Ann (District of Columbia)

Milhollin, Elliott A (District of Columbia)

Rasmussen, Jeffrey S. (Colorado)

Roy, Michael L. (District of Columbia)

Tsosie, Stephanie (Washington)

Wilson, Rollie (District of Columbia)

Attorneys(s) for Defendant

Brar, Amarveer Singh (District of Columbia)

Collins, Brian Matthew (District of Columbia)

Marinelli, Matthew M. (District of Columbia)

Schifman, Reuben S. (District of Columbia)

Zilioli, Erica M. (District of Columbia)

Other Attorney(s)

Caine, Kimberly Hope (District of Columbia)

Cameron, Robert Thomas (Montana)

Campbell, Matthew Lee (Colorado)

Coburn, David Hyler (District of Columbia)

Comer, Robert D. (Colorado)

Debold, David (District of Columbia)

Dec, Adam Micahel (District of Columbia)

Ducheneaux, Nicole E. (Nebraska)

Estrada, Miguel A. (District of Columbia)

Eubanks, William Stewart II (Colorado)

Fisher, Thomas M. (Indiana)

Fox, Timothy C. (Montana)

Glen, Alan M. (Texas)

Guest, Richard A. (District of Columbia)

Hall, Oliver B. (District of Columbia)

Hill, Curtis T. Jr. (Indiana)

Hoffmann, Hillary M. (Vermont)

Homer, Elizabeth Lohah (District of Columbia)

Kanji, Riyaz A. (Michigan)

Landry, Jeff (Louisiana)

Leone, William J. (Colorado)

Marshall, Steven T. (Alabama)

Marshall [inactive], Steve (Alabama)

Mayo, A. Kent (District of Columbia)

Messineo, Joseph V. (Nebraska)

Miller, Amy (District of Columbia)

Morrisey, Patrick (West Virginia)

Murphy, Jim (Vermont)

Nagle, Mary Kathryn (District of Columbia)

Naresh, Ragan (District of Columbia)

Paxton, Ken (Texas)

Payne, Julia Catherine (Indiana)

Peterson, Doug (Nebraska)

Ravnsborg, Jason (South Dakota)

Reyes, Sean D. (Utah)

Rumelt, Kenneth J. (Vermont)

Rutledge, Leslie (Arkansas)

Sagsveen, Matthew (North Dakota)

Scherman, William S. (District of Columbia)

Schmidt, Derek (Kansas)

Schoenhut, Karimah (District of Columbia)

Schulte, Conly John (Colorado)

Sheehan, Daniel P (California)

Sklaire, Michael R. (Virginia)

Snape, William John III (District of Columbia)

Snell, Grant S (Montana)

Sullivan, Patrick Michael (Oregon)

Williams, Joel William West (District of Columbia)

Yost, Dave (Ohio)

Zephier, Tracey A (South Dakota)

Expert/Monitor/Master

Hughes, Jennifer P (District of Columbia)

Documents in the Clearinghouse

Document

1:16-cv-01534

Docket [PACER]

June 22, 2020

June 22, 2020

Docket
1

1:16-cv-01534

Complaint

Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers

July 27, 2016

July 27, 2016

Complaint
1

1:16-cv-01796

[Yankton Sioux Tribe v. U.S. Army Corps of Engineers Complaint]

Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers

Sept. 8, 2016

Sept. 8, 2016

Complaint
37

1:16-cv-01534

Intervenor-Plaintiff Cheyenne River Sioux Tribe's First Amended Complaint for Declaratory and Injunctive Relief

Standing Rock Sioux Tribe v. Dakota Access

Sept. 8, 2016

Sept. 8, 2016

Complaint
39

1:16-cv-01534

Memorandum Opinion

Standing Rock Sioux Tribe v. U.S. Army of Engineers

205 F.Supp.3d 4

Sept. 9, 2016

Sept. 9, 2016

Order/Opinion
1

1:17-cv-00267

[Oglala Sioux Tribe v. U.S. Army Corps of Engineers Complaint]

Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers

Feb. 11, 2017

Feb. 11, 2017

Complaint
158

1:16-cv-01534

Memorandum Opinion

Standing Rock Sioux Tribe v. Dakota Access

239 F.Supp.3d 77

March 7, 2017

March 7, 2017

Order/Opinion
171

1:16-cv-01534

Order

Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers

2017 WL 1402139

March 14, 2017

March 14, 2017

Order/Opinion
206

1:16-cv-01534

Memorandum Opinion

Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers

249 F.Supp.3d 516

April 7, 2017

April 7, 2017

Order/Opinion
239

1:16-cv-01534

Memorandum Opinion

Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers

255 F.Supp.3d 101

June 14, 2017

June 14, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/41956188/standing-rock-sioux-tribe-v-united-states-army-corps-of-engineers/

Last updated Aug. 14, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against UNITED STATES ARMY CORPS OF ENGINEERS ( Filing fee $ 400 receipt number 0090-4619146) filed by STANDING ROCK SIOUX TRIBE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to US Army Corps of Engineers)(Goldman, Patti) (Entered: 07/27/2016)

July 27, 2016

July 27, 2016

PACER
2

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jan Hasselman, :Firm- Earthjustice, :Address- 705 Second Avenue, Suite 203, Seattle, WA 98104. Phone No. - (206)343-7340. Fax No. - (206)343-1526 Filing fee $ 100, receipt number 0090-4619367. Fee Status: Fee Paid. by STANDING ROCK SIOUX TRIBE (Attachments: # 1 Declaration of Jan Hasselman ISO Mtn for Admission Pro Hac Vice, # 2 Text of Proposed Order Plaintiff's Proposed Order Granting Mtn to Appear Pro Hac Vice)(Goldman, Patti) (Entered: 07/27/2016)

July 27, 2016

July 27, 2016

PACER
3

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephanie Tsosie, :Firm- Earthjustice, :Address- 705 Second Avenue, Suite 203, Seattle, WA 98104. Phone No. - (206)343-7340. Fax No. - (206)343-1526 Filing fee $ 100, receipt number 0090-4619381. Fee Status: Fee Paid. by STANDING ROCK SIOUX TRIBE (Attachments: # 1 Declaration of Stephanie Tsosie ISO Mtn for Admission Pro Hac Vice, # 2 Text of Proposed Order)(Goldman, Patti) (Entered: 07/27/2016)

July 27, 2016

July 27, 2016

PACER

Case Assigned to Judge James E. Boasberg. (jd)

July 27, 2016

July 27, 2016

PACER
4

SUMMONS (1) Issued Electronically as to UNITED STATES ARMY CORPS OF ENGINEERS. (Attachment: # 1 Consent Forms)(jd) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER

MINUTE ORDER: The Court ORDERS that: 1) Plaintiff's 2 Motion for Admission Pro Hac Vice of JAN HASSELMAN is GRANTED; and 2) Plaintiff's 3 Motion for Admission Pro Hac Vice of STEPHANIE TSOSIE is GRANTED. Signed by Judge James E. Boasberg on 8/1/16. (lcjeb1)

Aug. 1, 2016

Aug. 1, 2016

PACER
5

MOTION for Preliminary Injunction and Memo in Support of Motion for Preliminary Injunction, MOTION for Hearing Expedited Hearing Requested by STANDING ROCK SIOUX TRIBE (Attachments: # 1 Text of Proposed Order Granting Motion for Preliminary Injunction, # 2 Text of Proposed Order Granting Request for Expedited Hearing)(Hasselman, Jan) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

PACER
6

LARGE ADDITIONAL ATTACHMENTS by STANDING ROCK SIOUX TRIBE (Attachments: # 1 Declaration of Dave Armabault II In Support of Mtn for PI, # 2 Declaration of Jon Eagle Sr In Support of Mtn for PI, # 3 Declaration of Jan Hasselman In Support of Mtn for PI, # 4 Exhibit 1 to Decl of J Hasselman, # 5 Exhibit 2 to Decl of J Hasselman, # 6 Exhibit 3 Part 1 to Decl of J Hasselman, # 7 Exhibit 3 Part 2 to Decl of J Hasselman, # 8 Exhibit 3 Part 3 to Decl of J Hasselman, # 9 Exhibit 3 Part 4 to Decl of J Hasselman, # 10 Exhibit 4 to Decl of J Hasselman, # 11 Exhibit 5 to Decl of J Hasselman, # 12 Exhibit 6 to Decl of J Hasselman, # 13 Exhibit 7 to Decl of J Hasselman, # 14 Exhibit 8 to Decl of J Hasselman, # 15 Exhibit 9 to Decl of J Hasselman, # 16 Exhibit 10 to Decl of J Hasselman, # 17 Exhibit 11 to Decl of J Hasselman, # 18 Exhibit 12 to Decl of J Hasselman, # 19 Exhibit 13 Part 1 to Decl of J Hasselman, # 20 Exhibit 13 Part 2 to Decl of J Hasselman, # 21 Exhibit 13 Part 3 to Decl of J Hasselman, # 22 Exhibit 13 Part 4 to Decl of J Hasselman, # 23 Exhibit 13 Part 5 to Decl of J Hasselman, # 24 Exhibit 13 Part 6 to Decl of J Hasselman, # 25 Exhibit 13 Part 7 to Decl of J Hasselman, # 26 Exhibit 13 Part 8 to Decl of J Hasselman, # 27 Exhibit 13 Part 9 to Decl of J Hasselman, # 28 Exhibit 14 to Decl of J Hasselman, # 29 Exhibit 15 to Decl of J Hasselman, # 30 Exhibit 16 to Decl of J Hasselman, # 31 Exhibit 17 to Decl of J Hasselman, # 32 Exhibit 18 to Decl of J Hasselman, # 33 Exhibit 19 to Decl of J Hasselman, # 34 Exhibit 20 to Decl of J Hasselman, # 35 Exhibit 21 to Decl of J Hasselman, # 36 Exhibit 22 to Decl of J Hasselman, # 37 Exhibit 23 to Decl of J Hasselman, # 38 Exhibit 24 to Decl of J Hasselman, # 39 Exhibit 25 to Decl of J Hasselman, # 40 Exhibit 26 to Decl of J Hasselman, # 41 Exhibit 27 to Decl of J Hasselman, # 42 Exhibit 28 to Decl of J Hasselman, # 43 Exhibit 29 to Decl of J Hasselman, # 44 Exhibit 30 to Decl of J Hasselman, # 45 Exhibit 31 to Decl of J Hasselman, # 46 Exhibit 32 to Decl of J Hasselman, # 47 Exhibit 33 to Decl of J Hasselman, # 48 Exhibit 34 to Decl of J Hasselman, # 49 Exhibit 35 to Decl of J Hasselman, # 50 Exhibit 36 to Decl of J Hasselman, # 51 Exhibit 37 to Decl of J Hasselman, # 52 Exhibit 38 to Decl of J Hasselman, # 53 Exhibit 39 to Decl of J Hasselman, # 54 Exhibit 40 to Decl of J Hasselman, # 55 Exhibit 41 to Decl of J Hasselman, # 56 Exhibit 43 to Decl of J Hasselman, # 57 Exhibit 44 to Decl of J Hasselman, # 58 Exhibit 45 to Decl of J Hasselman, # 59 Exhibit 46 to Decl of J Hasselman, # 60 Exhibit 47 to Decl of J Hasselman, # 61 Exhibit 48 to Decl of J Hasselman, # 62 Exhibit 49 to Decl of J Hasselman, # 63 Exhibit 50 to Decl of J Hasselman, # 64 Exhibit 51 to Decl of J Hasselman, # 65 Exhibit 52 to Decl of J Hasselman, # 66 Exhibit 53 to Decl of J Hasselman, # 67 Exhibit 54 to Decl of J Hasselman, # 68 Text of Proposed Order Granting Motion for Preliminary Injunction, # 69 Text of Proposed Order Granting Request for Expedited Hearing)(Hasselman, Jan) Modified on 8/5/2016 (ztd). (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

PACER

NOTICE OF ERROR re 6 Motion for Preliminary Injunction; emailed to jhasselman@earthjustice.org, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. In the future, please use the event Large Additional Attachments found under Other Documents. (ztd, )

Aug. 5, 2016

Aug. 5, 2016

PACER
7

Unopposed MOTION to Intervene in Support of Defendant by DAKOTA ACCESS LLC (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Proposed Responsive Pleading, # 4 Text of Proposed Order, # 5 Disclosure Statement)(Caine, Kimberly) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
8

NOTICE of Appearance by Kimberly Hope Caine on behalf of DAKOTA ACCESS LLC (Caine, Kimberly) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- William J. Leone, :Firm- Norton Rose Fulbright US LLP, :Address- 666 Fifth Avenue, New York, NY 10103. Phone No. - 212-318-3000. Fax No. - 212-318-3400 Filing fee $ 100, receipt number 0090-4630102. Fee Status: Fee Paid. by DAKOTA ACCESS LLC (Attachments: # 1 Declaration)(Caine, Kimberly) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robert D. Comer, :Firm- Norton Rose Fulbright US LLP, :Address- 1200 17th Street, Suite 1000, Denver, CO 80202. Phone No. - 303-801-2700. Fax No. - 393-801-2777 Filing fee $ 100, receipt number 0090-4630120. Fee Status: Fee Paid. by DAKOTA ACCESS LLC (Attachments: # 1 Declaration)(Caine, Kimberly) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER

MINUTE ORDER granting Unopposed 7 Motion to Intervene on behalf of Dakota Access, LLC. Signed by Judge James E. Boasberg on 8/8/16. (lcjeb2)

Aug. 8, 2016

Aug. 8, 2016

PACER

MINUTE ORDER granting 9 Motion for Leave to Appear Pro Hac Vice of WILLIAM J. LEONE. Signed by Judge James E. Boasberg on 8/8/16. (lcjeb2)

Aug. 8, 2016

Aug. 8, 2016

PACER

MINUTE ORDER granting 10 Motion for Leave to Appear Pro Hac Vice of Robert D. Comer. Signed by Judge James E. Boasberg on 8/8/16. (lcjeb2)

Aug. 8, 2016

Aug. 8, 2016

PACER

MINUTE ORDER: The Court ORDERS that a conference call in Chambers is hereby set for Monday, August 8, 2016, at 3 p.m. EST to discuss scheduling. The Court ORDERS that parties shall dial into Chambers' toll-free conference-call number, (877) 402-9753, at this time. Chambers will contact the parties separately via email with the dial-in code. Signed by Judge James E. Boasberg on 8/8/16. (lcjeb2)

Aug. 8, 2016

Aug. 8, 2016

PACER

MINUTE ORDER: As discussed in today's conference call, the Court ORDERS that any opposition to the preliminary-injunction motion shall be filed by August 18, 2016, with any reply due by August 22, 2016, and a hearing shall be set for August 24, 2016, at 2:00 p.m. in Courtroom 19. Signed by Judge James E. Boasberg on 8/8/16. (lcjeb2)

Aug. 8, 2016

Aug. 8, 2016

PACER

Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 8/8/2016. (ad)

Aug. 8, 2016

Aug. 8, 2016

PACER

Set/Reset Deadlines/Hearings: Any opposition to the preliminary-injunction motion shall be filed by 8/18/2016, with any reply due by 8/22/2016, and a hearing shall be set for 8/24/2016, at 2:00 PM, in Courtroom 19, before Judge James E. Boasberg. (ad)

Aug. 9, 2016

Aug. 9, 2016

PACER
11

MOTION to Intervene in Support of Plaintiff by CHEYENNE RIVER SIOUX TRIBE (Attachments: # 1 Declaration Steve Vance, # 2 Exhibit 1 to Vance Decl, # 3 Exhibit 2 to Vance Decl, # 4 Exhibit 3 to Vance Decl, # 5 Exhibit 4 to Vance Decl, # 6 Exhibit 5 to Vance Decl, # 7 Declaration Chairman Harold Frazier, # 8 Exhibit 1 to Frazier Decl, # 9 Exhibit 2 to Frazier Decl, # 10 Exhibit 3 to Frazier Decl, # 11 Declaration Joye Braun, # 12 Exhibit Text of Proposed Complaint, # 13 Text of Proposed Order, # 14 Exhibit Disclosure Statement)(Schulte, Conly) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

PACER
12

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nicole E. Ducheneaux, :Firm- Fredericks Peebles & Morgan LLP, :Address- 3610 North 163rd Plaza, Omaha, NE 68116. Phone No. - 402-333-4053. Fax No. - 402-333-4761 Filing fee $ 100, receipt number 0090-4634821. Fee Status: Fee Paid. by CHEYENNE RIVER SIOUX TRIBE (Attachments: # 1 Declaration Nicole Ducheneaux, # 2 Text of Proposed Order)(Schulte, Conly) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

PACER

MINUTE ORDER granting 12 Motion for Admission Pro Hac Vice of NICOLE E. DUCHENEAUX. Signed by Judge James E. Boasberg on 8/11/16. (lcjeb2)

Aug. 11, 2016

Aug. 11, 2016

PACER

MINUTE ORDER: The Court ORDERS that if Dakota Access opposes the 11 Motion to Intervene, it shall file such opposition by August 15, 2016. Signed by Judge James E. Boasberg on 8/11/16. (lcjeb2)

Aug. 11, 2016

Aug. 11, 2016

PACER

Set/Reset Deadlines: Dakota Access' opposition, if any, to 11 Motion to Intervene due by 8/15/2016. (tg)

Aug. 11, 2016

Aug. 11, 2016

PACER
13

NOTICE of Appearance by Erica M. Zilioli on behalf of UNITED STATES ARMY CORPS OF ENGINEERS (Zilioli, Erica) (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER
14

MOTION for Leave to File to File Supplemental Declaration in Support of Motion for Preliminary Injunction by STANDING ROCK SIOUX TRIBE (Attachments: # 1 Exhibit 1 Declaration of Tim Mentz, Sr., # 2 Text of Proposed Order)(Hasselman, Jan) (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER
15

NOTICE of Appearance by Matthew M. Marinelli on behalf of UNITED STATES ARMY CORPS OF ENGINEERS (Marinelli, Matthew) (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER

MINUTE ORDER granting Plaintiff's 14 Motion for Leave to File Supplemental Declaration in Support of Motion for Preliminary Injunction. Signed by Judge James E. Boasberg on 8/12/16. (lcjeb2)

Aug. 12, 2016

Aug. 12, 2016

PACER
16

SUPPLEMENTAL Declaration to re 5 MOTION for Preliminary Injunction and Memo in Support of Motion for Preliminary Injunction MOTION for Hearing Expedited Hearing Requested filed by STANDING ROCK SIOUX TRIBE. (td) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

PACER
17

Memorandum in opposition to re 11 MOTION to Intervene in Support of Plaintiff filed by DAKOTA ACCESS LLC. (Attachments: # 1 Text of Proposed Order)(Caine, Kimberly) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

PACER
18

REPLY to opposition to motion re 11 MOTION to Intervene in Support of Plaintiff filed by CHEYENNE RIVER SIOUX TRIBE. (Schulte, Conly) (Entered: 08/16/2016)

Aug. 16, 2016

Aug. 16, 2016

PACER
19

MOTION for Joinder by CHEYENNE RIVER SIOUX TRIBE (Attachments: # 1 Declaration Robert Walters, # 2 Declaration Chairman Harold Frazier, # 3 Exhibit 1 to Frazier Declaration, # 4 Exhibit 2 to Frazier Declaration, # 5 Declaration Melvin Garreau, Sr., # 6 Declaration Dave Nelson)(Schulte, Conly) (Entered: 08/16/2016)

Aug. 16, 2016

Aug. 16, 2016

PACER
20

MOTION for Leave to File Excess Pages in Opposition to Plaintiff's Motion for Preliminary Injunction by DAKOTA ACCESS LLC (Attachments: # 1 Text of Proposed Order)(Caine, Kimberly) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER

MINUTE ORDER: Given the accelerated timetable for the Court to prepare for this proceeding, the Court ORDERS that the 20 Motion for Excess Pages is DENIED. Signed by Judge James E. Boasberg on 8/18/2016. (lcjeb1) Modified on 8/19/2016 to include the word "Minute Order" within the entry (ad).

Aug. 18, 2016

Aug. 18, 2016

PACER
21

Memorandum in opposition to re 5 MOTION for Preliminary Injunction and Memo in Support of Motion for Preliminary Injunction MOTION for Hearing Expedited Hearing Requested filed by UNITED STATES ARMY CORPS OF ENGINEERS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Declaration Declaration of Joel Ames, # 18 Declaration Declaration of Martha Chieply and accompanying exhibits 1 through 16, # 19 Declaration Declaration of Richard Harnois and accompanying exhibits 1 through 5, # 20 Declaration Declaration of Jonathan Shelman)(Zilioli, Erica) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER
22

Memorandum in opposition to re 5 MOTION for Preliminary Injunction and Memo in Support of Motion for Preliminary Injunction MOTION for Hearing Expedited Hearing Requested filed by DAKOTA ACCESS LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit A1, # 3 Exhibit B, # 4 Exhibit B1, # 5 Exhibit B2, # 6 Exhibit B3, # 7 Exhibit B4, # 8 Exhibit B5, # 9 Exhibit B6, # 10 Exhibit B7, # 11 Exhibit C, # 12 Exhibit C1, # 13 Exhibit C2, # 14 Exhibit C3, # 15 Exhibit C4, # 16 Exhibit C5, # 17 Exhibit C6, # 18 Exhibit C7, # 19 Exhibit C8, # 20 Exhibit C9, # 21 Exhibit C10, # 22 Exhibit C11, # 23 Exhibit D, # 24 Exhibit E, # 25 Exhibit F, # 26 Exhibit G, # 27 Exhibit H, # 28 Exhibit I, # 29 Exhibit J, # 30 Exhibit K, # 31 Exhibit L, # 32 Exhibit M, # 33 Exhibit N, # 34 Exhibit O, # 35 Exhibit P, # 36 Exhibit Q, # 37 Exhibit R, # 38 Exhibit S, # 39 Exhibit T, # 40 Exhibit U, # 41 Exhibit V, # 42 Exhibit W, # 43 Exhibit X, # 44 Text of Proposed Order)(Caine, Kimberly) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER

MINUTE ORDER: The Court ORDERS that: 1) The Cheyenne River Sioux Tribe's 11 Motion to Intervene is GRANTED, and the CRST may participate as a party in this litigation; 2) Given the compressed timetable for the Preliminary Injunction, the fact that Defendants' Opposition briefs have already been filed, and the comprehensiveness of the briefing by the Standing Rock Sioux Tribe, however, the CRST may not participate in the preliminary-injunction briefing or hearing; and 3) The CSRT's 19 Motion for Joinder, accordingly, is DENIED. Signed by Judge James E. Boasberg on 8/19/2016. (lcjeb1)

Aug. 19, 2016

Aug. 19, 2016

PACER
23

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alan M. Glen, :Firm- Nossaman LLP, :Address- 816 Congress Ave., Ste. 970, Austin, TX 78701. Phone No. - 512-813-7943. Fax No. - 512-651-0770 Filing fee $ 100, receipt number 0090-4644415. Fee Status: Fee Paid. by DAKOTA ACCESS LLC (Attachments: # 1 Declaration In Support of Motion for Admission of Attory Pro Hac Vice)(Quarles, Steven) (Entered: 08/19/2016)

Aug. 19, 2016

Aug. 19, 2016

PACER

MINUTE ORDER granting 23 Motion for Leave to Appear Pro Hac Vice of ALAN M. GLEN. Signed by Judge James E. Boasberg on 8/19/2016. (lcjeb1)

Aug. 19, 2016

Aug. 19, 2016

PACER
24

REPLY to opposition to motion re 5 MOTION for Preliminary Injunction and Memo in Support of Motion for Preliminary Injunction MOTION for Hearing Expedited Hearing Requested filed by STANDING ROCK SIOUX TRIBE. (Attachments: # 1 Declaration of Jan Hasselman ISO Reply re Motion for Preliminary Injunction, # 2 Exhibit 55, # 3 Exhibit 56, # 4 Exhibit 57, # 5 Exhibit 58, # 6 Exhibit 59, # 7 Exhibit 60, # 8 Exhibit 61, # 9 Exhibit 62, # 10 Exhibit 63, # 11 Exhibit 64)(Hasselman, Jan) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER

MINUTE ORDER: The Court ORDERS that at tomorrow's hearing, Plaintiff may have 25 minutes for its initial argument, Defendants may jointly have 30 minutes, and Plaintiff may have 5 minutes for rebuttal. No witnesses may be called. Signed by Judge James E. Boasberg on 8/23/2016. (lcjeb1)

Aug. 23, 2016

Aug. 23, 2016

PACER
25

MOTION for Leave to File Supplemental Declaration of Joey Mahmoud by DAKOTA ACCESS LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Caine, Kimberly) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

PACER

MINUTE ORDER: The Court ORDERS that Dakota Access' 25 Motion for Leave to File Supplemental Declaration is DENIED. Signed by Judge James E. Boasberg on 8/24/2016. (lcjeb1)

Aug. 24, 2016

Aug. 24, 2016

PACER
26

ANSWER to Complaint by DAKOTA ACCESS LLC.(Caine, Kimberly) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

PACER

MINUTE ORDER: The Court ORDERS that a status conference will be held on September 14, 2016, at 2 P.M. Plaintiffs may appear by telephone. Signed by Judge James E. Boasberg on 8/24/2016. (lcjeb1)

Aug. 24, 2016

Aug. 24, 2016

PACER

Minute Entry for proceedings held before Judge James E. Boasberg: Motion Hearing held on 8/24/2016 re 5 MOTION for Preliminary Injunction and Memo in Support of Motion for Preliminary Injunction. 5 Motion for Preliminary Injunction and Memo in Support of Motion for Preliminary Injunction, HEARD and TAKEN UNDER ADVISEMENT. A Status Conference is set for 9/14/2016, at 2:00 PM, in Courtroom 19, before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (ad)

Aug. 24, 2016

Aug. 24, 2016

PACER
27

TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 8-24-16; Page Numbers: 1-62. Date of Issuance:9-1-16. Court Reporter/Transcriber Lisa W GRIFFITH, Telephone number 2023543247, Tape Number: Lisa_Griffith@dcd.uscourts.gov. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 9/22/2016. Redacted Transcript Deadline set for 10/2/2016. Release of Transcript Restriction set for 11/30/2016.(Griffith, Lisa) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
28

NOTICE of Appearance by Alan M. Glen on behalf of DAKOTA ACCESS LLC (Glen, Alan) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
29

MOTION for Leave to File Supplemental Declaration by STANDING ROCK SIOUX TRIBE (Attachments: # 1 Declaration Supplemental Declaration of Tim Mentz, Sr., # 2 Exhibit 1 to Supp'l Declaration, # 3 Exhibit 2 to Supp'l Declaration, # 4 Exhibit 3 to Supp'l Declaration, # 5 Exhibit 4 to Supp'l Declaration)(Hasselman, Jan) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
30

Emergency MOTION for Temporary Restraining Order by STANDING ROCK SIOUX TRIBE (Attachments: # 1 Declaration Declaration of Tim Mentz In Support of TRO, # 2 Declaration Declaration of Jan Hasselman In Support of TRO, # 3 Text of Proposed Order)(Hasselman, Jan) (Entered: 09/04/2016)

Sept. 4, 2016

Sept. 4, 2016

PACER
31

MOTION for Temporary Restraining Order by CHEYENNE RIVER SIOUX TRIBE (Attachments: # 1 Declaration Nicole Ducheneaux, # 2 Text of Proposed Order)(Schulte, Conly) (Entered: 09/04/2016)

Sept. 4, 2016

Sept. 4, 2016

PACER

MINUTE ORDER: The Court ORDERS that a hearing on Plaintiff's TRO shall take place on September 6, 2016, at 3:00 p.m., in Courtroom 19. Signed by Judge James E. Boasberg on 9/05/2016. (ad)

Sept. 5, 2016

Sept. 5, 2016

PACER

Set/Reset Hearing: A hearing on Plaintiff's TRO is set for 9/6/2016, at 3:00 PM, in Courtroom 19, before Judge James E. Boasberg. (ad)

Sept. 5, 2016

Sept. 5, 2016

PACER
32

RESPONSE re 30 Emergency MOTION for Temporary Restraining Order, 31 MOTION for Temporary Restraining Order filed by UNITED STATES ARMY CORPS OF ENGINEERS. (Zilioli, Erica) (Entered: 09/05/2016)

Sept. 5, 2016

Sept. 5, 2016

PACER
33

MOTION for Leave to Appear to Appear Telephonically by CHEYENNE RIVER SIOUX TRIBE (Attachments: # 1 Text of Proposed Order)(Ducheneaux, Nicole) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER

MINUTE ORDER: The Court GRANTS Cheyenne River's 33 Motion for Leave to Appear Telephonically. Signed by Judge James E. Boasberg on 9/6/2016. (lcjeb1)

Sept. 6, 2016

Sept. 6, 2016

PACER
34

RESPONSE re 30 Emergency MOTION for Temporary Restraining Order, 31 MOTION for Temporary Restraining Order, 29 MOTION for Leave to File Supplemental Declaration filed by DAKOTA ACCESS LLC. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order)(Caine, Kimberly) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
35

REPLY to opposition to motion re 31 MOTION for Temporary Restraining Order filed by CHEYENNE RIVER SIOUX TRIBE. (Attachments: # 1 Declaration Ducheneaux, # 2 Exhibit 1 to Ducheneaux Decl, # 3 Declaration Chairman Harold Frazier)(Ducheneaux, Nicole) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER

Minute Entry for proceedings held before Judge James E. Boasberg: Motion Hearing held on 9/6/2016 re 30 Emergency MOTION for Temporary Restraining Order filed by STANDING ROCK SIOUX TRIBE, 31 MOTION for Temporary Restraining Order filed by CHEYENNE RIVER SIOUX TRIBE. (Order forthcoming). (Court Reporter Patricia Kaneshiro-Miller.) (tg)

Sept. 6, 2016

Sept. 6, 2016

PACER

MINUTE ORDER: The Court ORDERS that Plaintiff's 29 Motion for Leave to File Supplemental Declaration is GRANTED. Signed by Judge James E. Boasberg on 9/6/2016. (lcjeb1)

Sept. 6, 2016

Sept. 6, 2016

PACER

MINUTE ORDER: As explained at today's hearing, the Court ORDERS that Plaintiffs' [30, 31] Motions for Temporary Restraining Order are GRANTED IN PART and DENIED IN PART. As agreed by Defendants, the Court ORDERS that no construction activity on the DAPL may take place between Highway 1806 and 20 miles to the east of Lake Oahe. Construction activity to the west of Highway 1806 may proceed. Signed by Judge James E. Boasberg on 9/6/2016. (lcjeb1)

Sept. 6, 2016

Sept. 6, 2016

PACER
36

SUPPLEMENTAL Declaration to re 5 MOTION for Preliminary Injunction and Memo in Support of Motion for Preliminary Injunction MOTION for Hearing Expedited Hearing Requested filed by STANDING ROCK SIOUX TRIBE. (Attachments: # 1 Exhibit)(td) (Entered: 09/07/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER

MINUTE ORDER: As the Court will now be in trial on another matter on September 14, 2016, it ORDERS that the status conference set for that date is VACATED and RESET for September 16, 2016, at 2:00 p.m. The Court apologizes for any inconvenience. Signed by Judge James E. Boasberg on 9/7/2016. (lcjeb1)

Sept. 7, 2016

Sept. 7, 2016

PACER

Set/Reset Hearings: The Status Conference set for 9/14/2016, at 2:00 PM, is hereby VACATED and RESCHEDULED for 9/16/2016, at 2:00 PM, in Courtroom 19, before Judge James E. Boasberg. (ad)

Sept. 7, 2016

Sept. 7, 2016

PACER
37

AMENDED COMPLAINT against CHEYENNE RIVER SIOUX TRIBE filed by CHEYENNE RIVER SIOUX TRIBE.(Ducheneaux, Nicole) Modified on 9/12/2016 (td). Modified on 10/20/2016 (znmw). (Entered: 09/08/2016)

Sept. 8, 2016

Sept. 8, 2016

PACER
38

ORDER DENYING 5 Motion for Preliminary Injunction. Signed by Judge James E. Boasberg on 9/9/2016. (lcjeb1) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
39

MEMORANDUM OPINION re 38 Order on Motion for Preliminary Injunction. Signed by Judge James E. Boasberg on 9/9/2016. (lcjeb1) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
40

ENTERED IN ERROR. . . . .NOTICE of Appeal to US Court of Appeals DC Circuit by STANDING ROCK SIOUX TRIBE re 38 Order on Motion for Preliminary Injunction, 5 MOTION for Preliminary Injunction and Memo in Support of Motion for Preliminary Injunction MOTION for Hearing Expedited Hearing Requested, 39 Memorandum & Opinion (Attachments: # 1 Exhibit Order)(Hasselman, Jan) Modified on 9/12/2016 (td). (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
41

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 38 Order on Motion for Preliminary Injunction, 39 Memorandum & Opinion by STANDING ROCK SIOUX TRIBE. Filing fee $ 505, receipt number 0090-4668363. Fee Status: Fee Paid. Parties have been notified. (Attachments: # 1 Exhibit Order)(Hasselman, Jan) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
42

MOTION Injunction Pending Appeal by CHEYENNE RIVER SIOUX TRIBE, STANDING ROCK SIOUX TRIBE (Attachments: # 1 Exhibit 1, # 2 Declaration of Thomas F King PhD, # 3 Text of Proposed Order)(Hasselman, Jan) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
43

RESPONSE re 42 MOTION Injunction Pending Appeal filed by UNITED STATES ARMY CORPS OF ENGINEERS. (Zilioli, Erica) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER

USCA Case Number 16-5259 for 41 Notice of Appeal to DC Circuit Court, filed by STANDING ROCK SIOUX TRIBE. (zrdj)

Sept. 9, 2016

Sept. 9, 2016

PACER

MINUTE ORDER: The Court ORDERS that Plaintiff's 42 Motion for Injunction Pending Appeal is GRANTED IN PART and DENIED IN PART. With the consent of both Defendants, the terms of the Temporary Restraining Order issued September 6, 2016, are REINSTATED until the status conference on September 16, 2016. The Motion is otherwise DENIED. Signed by Judge James E. Boasberg on 9/12/2016. (lcjeb1)

Sept. 12, 2016

Sept. 12, 2016

PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 40 Notice (Other), was entered in error and counsel refiled said pleading as docket entry no. 41 . (td)

Sept. 12, 2016

Sept. 12, 2016

PACER
44

Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date9/9/16 re USCA Case Number 16-5259, 41 Notice of Appeal to DC Circuit Court,. (td) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER

MINUTE ORDER: As each Plaintiff in a civil suit is not entitled to its own separate Complaint, the Court ORDERS that Intervenor Plaintiff's 37 First Amended Complaint is STRICKEN. Signed by Judge James E. Boasberg on 9/12/2016. (lcjeb1)

Sept. 12, 2016

Sept. 12, 2016

PACER

MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that: 1) The Corps' response to Plaintiffs' Complaint is due on October 11, 2016; 2) The Corps shall file the administrative record by November 10, 2016; and 3) The parties shall appear for a status hearing on November 10, 2016, at 2:00 p.m. Signed by Judge James E. Boasberg on 9/16/2016. (lcjeb1)

Sept. 16, 2016

Sept. 16, 2016

PACER

Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 9/16/2016. Attorneys Ducheneaux, Pieper, Hasselman, Schulte, and Goldman appeared via telephone. (The Corps' response to Plaintiffs' Complaint is due on 10/11/2016; The Corps shall file the administrative record by 11/10/2016). A Status Conference is set for 11/10/2016, at 2:00 PM, in Courtroom 19, before Judge James E. Boasberg. (Court Reporter Patricia Kaneshiro) (ad)

Sept. 16, 2016

Sept. 16, 2016

PACER
45

MOTION for Reconsideration of Minute Order Striking Amended Complaint by CHEYENNE RIVER SIOUX TRIBE (Attachments: # 1 Text of Proposed Order)(Ducheneaux, Nicole) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER

MINUTE ORDER: Intervenor-Plaintiff Cheyenne River seeks 45 reconsideration of the Court's Order striking its Amended Complaint. For purposes of judicial efficiency, the Court continues to believe that proceeding with one, rather than two, Complaints is preferable. As Cheyenne River points out that Standing Rock will shortly seek amendment of its Complaint, see Mot. at 5-6, the Court believes the wiser course is for the two Plaintiffs to file one Amended Complaint, setting forth the separate (or joint) claims each wishes to make. If either Plaintiff believes it would somehow be prejudiced by such a course of action, the Court ORDERS that it may file a pleading by September 30, 2016, articulating such prejudice. Signed by Judge James E. Boasberg on 9/23/2016. (lcjeb1)

Sept. 23, 2016

Sept. 23, 2016

PACER

Set/Reset Deadline: If either Plaintiff believes it would somehow be prejudiced by such a course of action, the Court ORDERS that it may file a pleading by 9/30/2016, articulating such prejudice. (ad)

Sept. 23, 2016

Sept. 23, 2016

PACER
46

RESPONSE to Minute Order filed 9/23/16,,, Concerning Amended Complaint by CHEYENNE RIVER SIOUX TRIBE. (Ducheneaux, Nicole) Modified on 10/3/2016 (td). (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
47

ANSWER to Complaint by UNITED STATES ARMY CORPS OF ENGINEERS.(Zilioli, Erica) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
48

ORDER: The Court ORDERS that: 1) Intervenor-Plaintiff Cheyenne River Sioux Tribe's 45 Motion for Reconsideration is GRANTED; 2) Cheyenne River's Amended Complaint 37 is FILED; and 3) Defendants shall respond to Cheyenne River's Amended Complaint by December 19, 2016. Signed by Judge James E. Boasberg on 10/19/2016. (lcjeb1) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER

Set/Reset Deadline: Defendants shall respond to Cheyenne River's Amended Complaint by 12/19/2016,. (ad)

Oct. 19, 2016

Oct. 19, 2016

PACER
49

TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on September 16, 2016; Page Numbers: 1-36. Date of Issuance:October 26, 2016. Court Reporter/Transcriber Patricia Kaneshiro-Miller, Telephone number 202-354-3243, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the cou rt reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/16/2016. Redacted Transcript Deadline set for 11/26/2016. Release of Transcript Restriction set for 1/24/2017.(pk) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
50

TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on September 6, 2016; Page Numbers: 1-37. Date of Issuance:October 26, 2016. Court Reporter/Transcriber Patricia Kaneshiro-Miller, Telephone number 202-354-3243, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the cour t reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/16/2016. Redacted Transcript Deadline set for 11/26/2016. Release of Transcript Restriction set for 1/24/2017.(pk) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
51

NOTICE of Appearance by Miguel A. Estrada on behalf of DAKOTA ACCESS LLC (Estrada, Miguel) (Entered: 11/08/2016)

Nov. 8, 2016

Nov. 8, 2016

PACER
52

NOTICE of Appearance by William S. Scherman on behalf of DAKOTA ACCESS LLC (Scherman, William) (Entered: 11/08/2016)

Nov. 8, 2016

Nov. 8, 2016

PACER
53

NOTICE of Appearance by David Debold on behalf of DAKOTA ACCESS LLC (Debold, David) (Entered: 11/08/2016)

Nov. 8, 2016

Nov. 8, 2016

PACER
54

MOTION for Extension of Time to Lodge Portion of Administrative Record by UNITED STATES ARMY CORPS OF ENGINEERS (Attachments: # 1 Text of Proposed Order)(Marinelli, Matthew) (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

PACER
55

NOTICE of Lodging Administrative Record by UNITED STATES ARMY CORPS OF ENGINEERS (Attachments: # 1 Exhibit 1 - Certifications, # 2 Exhibit 2 - Admin. Record Index)(Zilioli, Erica) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER

MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that: 1) The parties shall return for a further status hearing on December 9, 2016, at 10:30 a.m.; 2) In the interim, they shall review the administrative record and meet and confer in an attempt to resolve any disputes regarding completeness or confidentiality; and 3) The Government's 54 Motion for Extension of Time is DENIED as moot. Signed by Judge James E. Boasberg on 11/10/2016. (lcjeb1, )

Nov. 10, 2016

Nov. 10, 2016

PACER

Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 11/10/2016. A further Status Conference is set for 12/9/2016, at 10:30 AM, in Courtroom 19, before Judge James E. Boasberg. (Court Reporter Elizabeth Saint-Loth) (ad)

Nov. 10, 2016

Nov. 10, 2016

PACER
56

NOTICE Regarding Recently Issued Public Documents by UNITED STATES ARMY CORPS OF ENGINEERS (Attachments: # 1 Exhibit 1 - Letter, # 2 Exhibit 2 - Statement)(Zilioli, Erica) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
57

ANSWER to 37 Amended Complaint, CROSSCLAIM against UNITED STATES ARMY CORPS OF ENGINEERS by DAKOTA ACCESS LLC. Related document: 37 Amended Complaint filed by CHEYENNE RIVER SIOUX TRIBE. (Attachments: # 1 Exhibit A)(Scherman, William) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
58

MOTION to supplement the administrative record on an expedited basis by DAKOTA ACCESS LLC (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Scherman, William) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER

MINUTE ORDER: The Court ORDERS that if the Government opposes Dakota Access's 58 Motion to Supplement, it shall file such Opposition by November 18, 2016. Signed by Judge James E. Boasberg on 11/15/2016. (lcjeb1)

Nov. 15, 2016

Nov. 15, 2016

PACER

Set/Reset Deadline: If the Government opposes Dakota Access's 58 Motion to Supplement, it shall file such Opposition by 11/18/2016. (ad)

Nov. 15, 2016

Nov. 15, 2016

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Environmental Justice

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 27, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Standing Rock Sioux Tribe, with intervenor plaintiff Cheyenne River Tribe, and plaintiffs from consolidated cases Oglala Sioux Tribe and Yankton Sioux Tribe.

Plaintiff Type(s):

American Indian Tribe

Attorney Organizations:

Earthjustice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Dakota Access, LLC, Private Entity/Person

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

National Environmental Protection Act, 42 U.S.C. §§ 4321–4370f

Clean Water Act (CWA), 33 U.S.C. § 1319 et seq.

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief denied

Issues

General:

Discharge without permits

Environmental Impact Statements

Groundwater

Petroleum and petroleum byproducts

Sanitation / living conditions

Race:

American Indian/Alaskan Native

Type of Facility:

Non-government for profit