Standing Rock Sioux Tribe, et al v. United States Army Corps
| Dakota Access LLC |
| Oglala Sioux Tribe, 17cv267, Robert Flying Hawk, 16cv1796, Chairman of the Yankton Sioux Tribe Business and Claims Committee, Standing Rock Sioux Tribe and Yankton Sioux Tribe, 16cv1796 |
| Cheyenne River Sioux Tribe and Steve Vance |
| United States Army Corps of Engineers |
| North Dakota Grain Dealers Association, North Dakota Farm Bureau, American Line Pipe Producers Association, State of North Dakota, South Dakota Soybean Association, State of Arkansas, Western Dakota Energy Association, National Association of Convenience Stores, State of South Carolina, State of Texas, State of Mississippi, North Dakota Water Users Association, State of Alabama, State of Kansas, State of Iowa, State of South Dakota, North Dakota Grain Growers Association, State of Utah, Chamber of Commerce of the United States of America, State of West Virginia, South Dakota Farm Bureau Federation, State of Montana, American Fuel & Petrochemical Manufacturers, Association of Oil Pipe Lines, State of Indiana, Commonwealth of Kentucky, South Dakota Grain and Feed Association, American Petroleum Institute, North Dakota Petroleum Council, State of Louisiana, State of Wyoming, State of Nebraska, State of Missouri, South Dakota Corn Growers Association and State of Ohio |
| 20-5197 |
| July 9, 2020 |
| U.S. Court of Appeals, D.C. Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
 Standing Rock Sioux Tribe v. United States Army Corps of Engineers
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Docket Report
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This docket was last retrieved on September 2, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| ENTRY OF APPEARANCE [1859833] filed by Mr. David Hyler Coburn and Mr. Joshua H. Runyan for Association of Oil Pipe Lines, American Petroleum Institute, National Association of Convenience Stores, American Fuel & Petrochemical Manufacturers and American Line Pipe Producers Association. [20-5197] [Entered: 09/03/2020 03:24 PM] |
| AMICUS FOR APPELLANT BRIEF [1859805] lodged by North Dakota Water Users Association [Service Date: 09/02/2020 ] Length of Brief: 1,344 Words. [20-5197, 20-5201] [Entered: 09/03/2020 02:11 PM] |
| AMICUS FOR APPELLANT BRIEF [1859796] lodged by North Dakota Farm Bureau, North Dakota Grain Dealers Association, North Dakota Grain Growers Association, South Dakota Corn Growers Association, South Dakota Farm Bureau Federation, South Dakota Grain and Feed Association and South Dakota Soybean Association [Service Date: 09/02/2020 ] Length of Brief: 2,882 Words. [20-5197] [Entered: 09/03/2020 01:40 PM] |
| AMICUS FOR APPELLANT BRIEF [1859649] lodged by American Fuel & Petrochemical Manufacturers, American Line Pipe Producers, Association, the American Petroleum Institute, Association of Oil Pipe Lines, National Association of Convenience Stores and Chamber of Commerce of the United States [Service Date: 09/02/2020 ] Length of Brief: 6,155 words. [20-5197]--[Edited 09/03/2020 by TAM--MODIFIED EVENT FROM FILED TO LODGED] (Coburn, David) [Entered: 09/02/2020 08:55 PM] |
| MOTION [1859648] to participate as amicus curiae [Disclosure Listing: Not Attached] filed by American Fuel & Petrochemical Manufacturers, American Line Pipe Producers, Association, the American Petroleum Institute, Association of Oil Pipe Lines, National Association of Convenience Stores and Chamber of Commerce of the United States [Service Date: 09/02/2020 ] [20-5197]--[Edited 09/03/2020 by TAM] (Coburn, David) [Entered: 09/02/2020 08:51 PM] |
| AMICUS FOR APPELLANT BRIEF [1859639] filed by State of Indiana, State of Montana, State of Iowa, State of Kansas, State of Louisiana, State of Nebraska, State of Ohio, State of South Dakota, State of West Virginia, State of Wyoming and Commonwealth of Kentucky in 20-5197, 20-5201 [Service Date: 09/02/2020 ] Length of Brief: 6,337 Words. [20-5197, 20-5201] (Fisher, Thomas) [Entered: 09/02/2020 06:20 PM] |
| AMICUS FOR APPELLANT BRIEF [1859628] filed by State of North Dakota in 20-5197, 20-5201 [Service Date: 09/02/2020 ] Length of Brief: 5,705 Words. [20-5197, 20-5201] (Sagsveen, Matthew) [Entered: 09/02/2020 05:30 PM] |
| MOTION [1859623] to participate as amicus curiae [Disclosure Listing: Attached] filed by North Dakota Water Users Association [Service Date: 09/02/2020 ] [20-5197, 20-5201]--[Edited 09/03/2020 by TAM] (Murray, Christopher) [Entered: 09/02/2020 05:08 PM] |
| MOTION [1859533] to participate as amicus curiae [Disclosure Listing: Attached] filed by North Dakota Farm Bureau, North Dakota Grain Dealers Association, North Dakota Grain Growers Association, South Dakota Corn Growers Association, South Dakota Farm Bureau Federation, South Dakota Soybean Association, South Dakota Grain and Feed Association [Service Date: 09/02/2020 ] [20-5197, 20-5201]--[Edited 09/03/2020 by TAM] (Wigginton, Jared) [Entered: 09/02/2020 12:47 PM] |
| CORRECTED REDACTED APPELLANT BRIEF [1858825] filed by United States Army Corps of Engineers in 20-5201 [Service Date: 08/28/2020 ] Length of Brief: 9,745 words. [20-5197, 20-5201] (Maysonett, James) [Entered: 08/28/2020 11:16 AM] |
| ENTRY OF APPEARANCE [1858775] filed by Jennifer S. Baker and co-counsel Jeffrey S. Rasmussen and Jeremy J. Patterson on behalf of Appellees Robert Flying Hawk and Yankton Sioux Tribe in 20-5197, 20-5201. [20-5197, 20-5201] (Baker, Jennifer) [Entered: 08/27/2020 08:42 PM] |
| SEPARATE STATUTORY ADDENDUM [1858505] to Appellant/Petitioner brief [ # 1858504-2 ] filed by Dakota Access LLC in 20-5197, 20-5201 [Service Date:08/26/2020 ] [20-5197, 20-5201] (Estrada, Miguel) [Entered: 08/26/2020 06:42 PM] |
| REDACTED APPELLANT BRIEF [1858469] filed by United States Army Corps of Engineers in 20-5201 [Service Date: 08/26/2020 ] Length of Brief: 9,745 words. [20-5201, 20-5197] (Maysonett, James) [Entered: 08/26/2020 04:36 PM] |
| REDACTED APPELLANT BRIEF [1858504] filed by Dakota Access LLC in 20-5197 [Service Date: 08/26/2020 ] Length of Brief: 9,747 Words. [20-5197, 20-5201] (Estrada, Miguel) [Entered: 08/26/2020 06:40 PM] |
| APPENDIX [1858506] filed by Dakota Access LLC in 20-5197, 20-5201. [Volumes: 1-4] [Service Date: 08/26/2020] [20-5197, 20-5201] (Estrada, Miguel) [Entered: 08/26/2020 06:49 PM] |
| SEALED APPELLANT BRIEF [1858748] filed by Dakota Access LLC in 20-5197 [Service Date: 08/26/2020] Length of Brief: 9,747 words. [20-5197, 20-5201] [Entered: 08/27/2020 05:04 PM] |
| SEALED APPENDIX [1858749] filed by Dakota Access LLC in 20-5197, 20-5201. [Volumes: 5 -11] [Service Date: 08/26/2020] [20-5197, 20-5201] [Entered: 08/27/2020 05:08 PM] |
| SEALED APPELLANT BRIEF [1858754] filed by United States Army Corps of Engineers in 20-5201 [Service Date: 08/26/2020] Length of Brief: 9,745 words. [20-5201, 20-5197] [Entered: 08/27/2020 05:25 PM] |
| PER CURIAM ORDER [1855206] filed dissolving the administrative stay entered on July 14, 2020. To the extent the district court issued an injunction by ordering Dakota Access LLC to shut down the Dakota Access Pipeline and empty it of oil by August 5, 2020, the injunction be stayed. Denying motions for stay of the district courts order vacating the Mineral Leasing Act easement authorizing the Dakota Access Pipeline to cross the Missouri River at Lake Oahe [ # 1851466-2 ] [1851218-2] [ # 1851197-2 ]. This panel retains jurisdiction over any further motions for stay pending appeal. Denying without prejudice the motions to participate as amicus curiae [ # 1852601-2 ] [ # 1852558-2 ] [ # 1852484-2 ] [ # 1851482-2 ] [ # 1851472-2 ]. Expediting these consolidated cases. The Clerk is directed to calendar this case for argument on the first appropriate date following the completion of briefing. Setting briefing schedule and format (see order for details): APPELLANTS' Briefs due 08/26/2020; APPENDIX due 08/26/2020; AMICUS FOR APPELLANTS Briefs due 09/02/2020; APPELLEES' Joint Brief due on 09/16/2020; AMICUS FOR APPELLEES Briefs due 09/23/2020; APPELLANTS' Reply Briefs due 09/30/2020. Before Judges: Henderson, Tatel and Griffith. [20-5197, 20-5201] [Entered: 08/05/2020 03:19 PM] |
| TRANSCRIPT STATUS REPORT [1854313] filed by United States Army Corps of Engineers in 20-5201 [Service Date: 07/30/2020 ]. Status of Transcripts: Final - No transcripts are needed for the appeal. [20-5201, 20-5197] (Maysonett, James) [Entered: 07/30/2020 02:59 PM] |
| REPLY [1853245] filed by Dakota Access LLC in 20-5197 to response [ # 1852488-2 ] [Service Date: 07/23/2020 by CM/ECF NDA] Length Certification: 2,599 Words. [20-5197, 20-5201] (Estrada, Miguel) [Entered: 07/23/2020 02:39 PM] |
| REPLY [1853243] filed by United States Army Corps of Engineers in 20-5201, 20-5197 to response [ # 1852488-2 ] [Service Date: 07/23/2020 by CM/ECF NDA] Length Certification: 2,600 words. [20-5201, 20-5197] (Maysonett, James) [Entered: 07/23/2020 02:31 PM] |
| AMICUS FOR APPELLANT BRIEF [1853033] lodged by North Dakota Water Users Association [Service Date: 07/22/2020 ] Length of Brief: 1344 words. [20-5197]--[Edited 07/23/2020 by TAM--MODIFIED EVENT FROM FILED TO LODGED] (Murray, Christopher) [Entered: 07/22/2020 04:33 PM] |
| ENTRY OF APPEARANCE [1852950] filed by Alton Kent Mayo and co-counsel Jared Wigginton on behalf of Movant-Amici Curiae for Appellant North Dakota Grain Growers Association and South Dakota Farm Bureau Federation in 20-5197, Movant-Amici Curiae for Appellant North Dakota Farm Bureau, North Dakota Grain Dealers Association, South Dakota Corn Growers Association and South Dakota Soybean Association in 20-5201. [20-5197, 20-5201] (Wigginton, Jared) [Entered: 07/22/2020 01:58 PM] |
| JOINT RESPONSE IN OPPOSITION [1852736] to motion to participate as amicus curiae [ # 1852601-2 ], motion to participate as amicus curiae [ # 1852558-2 ], motion to participate as amicus curiae [ # 1852484-2 ] filed by Oglala Sioux Tribe in 20-5197, 20-5201 [Service Date: 07/21/2020 by CM/ECF NDA] Length Certification: 723 words. [20-5197, 20-5201] (Roy, Michael) [Entered: 07/21/2020 01:05 PM] |
| TRANSCRIPT STATUS REPORT [1852599] filed by Dakota Access LLC in 20-5197 [Service Date: 07/20/2020 ]. Status of Transcripts: Final - All transcripts needed for the appeal have been completed and received. [20-5197, 20-5201] (Estrada, Miguel) [Entered: 07/20/2020 06:08 PM] |
| AMICUS FOR APPELLANT BRIEF [1852938] lodged by North Dakota Farm Bureau, North Dakota Grain Dealers Association, North Dakota Grain Growers Association, South Dakota Corn Growers Association, South Dakota Farm Bureau Federation and South Dakota Soybean Association [Service Date: 07/20/2020 ] Length of Brief: 2,592 Words. [20-5197]--[Edited 07/22/2020 by TAM--MODIFIED EVENT FROM FILED TO LODGED] [Entered: 07/22/2020 01:30 PM] |
| AMICUS FOR APPELLANT BRIEF [1852868] lodged by Western Dakota Energy Association [Service Date: 07/20/2020 ] Length of Brief: 2,600 words. [20-5197] [Entered: 07/22/2020 11:30 AM] |
| MOTION [1852601] to participate as amicus curiae [Disclosure Listing: Attached] filed by North Dakota Farm Bureau, North Dakota Grain Dealers Association, North Dakota Grain Growers Association, South Dakota Corn Growers Association, South Dakota Farm Bureau Federation, and South Dakota Soybean Association [Service Date: 07/20/2020 ] [20-5197, 20-5201]--[Edited 07/22/2020 by TAM] (Wigginton, Jared) [Entered: 07/20/2020 06:30 PM] |
| STATEMENT OF ISSUES [1852600] filed by Dakota Access LLC in 20-5197 [Service Date: 07/20/2020 ] [20-5197, 20-5201] (Estrada, Miguel) [Entered: 07/20/2020 06:09 PM] |
| MOTION [1852558] to participate as amicus curiae [Disclosure Listing: Attached] filed by North Dakota Water Users Association [Service Date: 07/20/2020 ] [20-5197]--[Edited 07/22/2020 by TAM] (Murray, Christopher) [Entered: 07/20/2020 04:16 PM] |
| AMICUS FOR APPELLANT BRIEF [1852548] lodged by North Dakota Water Users Association [Service Date: 07/20/2020 ] Length of Brief: 1344. [20-5197]--[Edited 07/22/2020 by TAM--MODIFIED EVENT FROM FILED TO LODGED] (Murray, Christopher) [Entered: 07/20/2020 04:05 PM] |
| JOINT RESPONSE IN OPPOSITION [1852488] to motion [ # 1851466-2 ], motion [1851218-2], motion [ # 1851197-2 ] filed by Standing Rock Sioux Tribe in 20-5197, 20-5201 [Service Date: 07/20/2020 by CM/ECF NDA] Length Certification: 7,183 Words. [20-5197, 20-5201] (Hasselman, Jan) [Entered: 07/20/2020 02:02 PM] |
| MOTION [1852484] to participate as amicus curiae [Disclosure Listing: Attached] filed by The Western Dakota Energy Association, on behalf of it's Member Counties, Cities, and School Districts [Service Date: 07/20/2020 ] [20-5197, 20-5201]]--[Edited 07/22/2020 by TAM] (McCrum, Robert) [Entered: 07/20/2020 01:52 PM] |
| ENTRY OF APPEARANCE [1851784] filed by Thomas M. Fisher on behalf of Amici Curiae for Appellant Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia and State of Wyoming in 20-5197, 20-5201. [20-5197, 20-5201] (Fisher, Thomas) [Entered: 07/15/2020 01:17 PM] |
| CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMITS [1851533] for motion to participate as amicus curiae [ # 1851472-2 ] filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, Association of Oil Pipe Lines and Chamber of Commerce of the United States of America. [20-5197] (Coburn, David) [Entered: 07/14/2020 11:13 AM] |
| PER CURIAM ORDER [1851652] filed, it is ORDERED that the district courts order entered July 6, 2020, directing that the Dakota Access Pipeline be shut down and emptied of oil by August 5, 2020, be administratively stayed pending further order of the court. It is FURTHER ORDERED that plaintiff-appellees file a joint response to the emergency motions for stay and for administrative stay, not to exceed 7,200 words, by 4:00 p.m. on Monday, July 20, 2020. Any replies are due by 4:00 p.m. on Thursday, July 23, 2020. Before Judges: Rogers, Griffith and Pillard. [20-5197, 20-5201] [Entered: 07/14/2020 06:39 PM] |
| RESPONSE IN OPPOSITION [1851623] to notice [ # 1851387-2 ], motion to participate as amicus curiae [ # 1851482-2 ], motion to participate as amicus curiae [ # 1851472-2 ] filed by Oglala Sioux Tribe in 20-5197, 20-5201 [Service Date: 07/14/2020 by CM/ECF NDA] Length Certification: 829 words. [20-5197, 20-5201]--[Edited 07/15/2020 by AY--MODIFIED DOCKET TEXT] (Roy, Michael) [Entered: 07/14/2020 04:01 PM] |
| ENTRY OF APPEARANCE [1851615] filed by Rollie E. Wilson on behalf of Appellee Robert Flying Hawk in 20-5197, Appellee Yankton Sioux Tribe in 20-5201. [20-5197, 20-5201] (Wilson, Rollie) [Entered: 07/14/2020 03:27 PM] |
| AMICUS FOR APPELLANT BRIEF [1851573] lodged by North Dakota Petroleum Council [Service Date: 07/14/2020 ] Length of Brief: 2598 words. [20-5197]--[Edited 07/14/2020 by AY--MODIFIED EVENT FROM FILED TO LODGED] (Westesen, Neil) [Entered: 07/14/2020 12:53 PM] |
| ENTRY OF APPEARANCE [1851532] filed by Michael L. Roy and co-counsel Jennifer P. Hughes and Elliott A. Milhollin on behalf of Appellee Oglala Sioux Tribe in 20-5197, 20-5201. [20-5197, 20-5201] (Roy, Michael) [Entered: 07/14/2020 11:13 AM] |
| ENTRY OF APPEARANCE [1851531] filed by David H. Coburn and co-counsel Joshua H. Runyan on behalf of Movant-Amici Curiae for Appellant American Fuel & Petrochemical Manufacturers, American Petroleum Institute and Association of Oil Pipe Lines. [20-5197] (Coburn, David) [Entered: 07/14/2020 11:07 AM] |
| AMICUS FOR APPELLANT BRIEF [1851530] lodged by American Fuel & Petrochemical Manufacturers, Association of Oil Pipe Lines, Chamber of Commerce of the United States of America and American Petroleum Institute , National Association of Convenience Stores [Service Date: 07/14/2020 ] Length of Brief: 2,577 words. [20-5197]--[Edited 07/14/2020 by AY--MODIFIED EVENT FROM FILED TO LODGED] (Coburn, David) [Entered: 07/14/2020 11:04 AM] |
| AMICUS FOR APPELLANT BRIEF [1851524] filed by States of Indiana, Montana, Alabama, Arkansas, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, Ohio, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming [Service Date: 07/14/2020 ] Length of Brief: 2,404 Words. [20-5197, 20-5201] (Fisher, Thomas) [Entered: 07/14/2020 10:52 AM] |
| NOTICE [1851387] of intention to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by States of Indiana, Montana and Other States [Service Date: 07/13/2020 ] [20-5197] (Fisher, Thomas) [Entered: 07/13/2020 02:27 PM] |
| MOTION [1851482] to participate as amicus curiae [Disclosure Listing: Attached] filed by North Dakota Petroleum Council [Service Date: 07/13/2020 ] [20-5197]--[Edited 07/14/2020 by AY] (Westesen, Neil) [Entered: 07/13/2020 10:04 PM] |
| NOTICE [1851385] received from the Clerk of the U.S. District Court for payment of docketing fee [Case Number 20-5197: Fee Paid] [20-5197] [Entered: 07/13/2020 02:24 PM] |
| CLERK'S ORDER [1851446] filed consolidating cases 20-5201 (Consolidation started 07/13/2020) with 20-5197. [20-5197, 20-5201] [Entered: 07/13/2020 04:57 PM] |
| ENTRY OF APPEARANCE [1851416] filed by Nicole E. Ducheneaux on behalf of Appellee Cheyenne River Sioux Tribe. [20-5197] (Ducheneaux, Nicole) [Entered: 07/13/2020 03:38 PM] |
| NOTICE [1852589] received from the Clerk of the U.S. District Court for payment of docketing fee [Case Number 20-5197: Fee Paid] [20-5197, 20-5201] [Entered: 07/20/2020 04:58 PM] |
| EMERGENCY AMICUS FOR APPELLANT BRIEF [1851447] filed by State of North Dakota [Service Date: 07/13/2020 ] Length of Brief: 2595 Words. [20-5197, 20-5201] (Sagsveen, Matthew) [Entered: 07/13/2020 05:01 PM] |
| ENTRY OF APPEARANCE [1851461] filed by James A. Maysonett on behalf of Appellant United States Army Corps of Engineers. [20-5201] (Maysonett, James) [Entered: 07/13/2020 05:46 PM] |
| EMERGENCY MOTION [1851466] for stay pending appeal filed by United States Army Corps of Engineers in 20-5201, 20-5197 (Service Date: 07/13/2020 by CM/ECF NDA) Length Certification: 5162. [20-5201, 20-5197] (Maysonett, James) [Entered: 07/13/2020 06:37 PM] |
| MOTION [1851472] to participate as amicus curiae [Disclosure Listing: Attached] filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, Association of Oil Pipe Lines, Chamber of Commerce of the United States of America and National Association of Convenience Stores [Service Date: 07/13/2020 ] [20-5197]--[Edited 07/14/2020 by AY] (Coburn, David) [Entered: 07/13/2020 07:40 PM] |
| ENTRY OF APPEARANCE [1851208] filed by Jan E. Hasselman and co-counsel Patti A. Goldman on behalf of Appellee Standing Rock Sioux Tribe. [20-5197] (Hasselman, Jan) [Entered: 07/12/2020 01:38 PM] |
| ENTRY OF APPEARANCE [1851031] filed by James A. Maysonett on behalf of Appellee United States Army Corps of Engineers. [20-5197] (Maysonett, James) [Entered: 07/10/2020 11:08 AM] |
| SEALED MOTION [1851218] for stay pending appeal in case filed by Dakota Access LLC (Service Date: 07/10/2020 by Email) Length Certification: 5,185 words. [20-5197] [Entered: 07/13/2020 09:01 AM] |
| REDACTED MOTION [1851197] for stay pending appeal in case filed by Dakota Access LLC (Service Date: 07/10/2020 by CM/ECF NDA) Length Certification: 5,185 words. [20-5197] (Estrada, Miguel) [Entered: 07/10/2020 08:27 PM] |
| ENTRY OF APPEARANCE [1851080] filed by Miguel A. Estrada and co-counsel William S. Scherman and David Debold on behalf of Appellant Dakota Access LLC. [20-5197] (Estrada, Miguel) [Entered: 07/10/2020 02:14 PM] |
| NOTICE OF APPEAL [1850936] seeking review of a decision by the U.S. District Court in 1:16-cv-01534-JEB filed by Dakota Access LLC. Appeal assigned USCA Case Number: 20-5197. [20-5197] [Entered: 07/09/2020 04:19 PM] |
| US CIVIL CASE docketed. [20-5197] [Entered: 07/09/2020 04:16 PM] |
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