Skip to main content

Dakota Access Pipeline

The Latest On: Dakota Access Pipeline

November 1, 2018 | Legal Document

Standing Rock Sioux Tribe: Supplemental Complaint

The Standing Rock Sioux Tribe files a “supplemental complaint” in its existing lawsuit against the Army Corps over permits for the Dakota Access pipeline. The supplemental complaint renews the lawsuit to respond to events that have occurred since the Tribe won part of its lawsuit against the Corps last year.

October 11, 2017 | Legal Document

Court Opinion Re Vacatur

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.

Pages