Description: Challenge to presidential permit for Keystone XL pipeline.
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Rosebud Sioux Tribe v. Biden
Case Documents:
Filing Date Type File Action Taken Summary 05/17/2021 Order Download Case dismissed without prejudice. Parties Agreed to Dismissal of Challenge to Keystone XL Presidential Permit. The parties jointly submitted a stipulation of dismissal without prejudice. The parties—which included the plaintiffs (Rosebud Sioux Tribe and Fort Belknap Indian Community), the defendant agencies and officials, and the pipeline developers—agreed that President Biden’s revocation of the permit made the case moot. The court ordered the case dismissed on May 17, 2021. 05/05/2021 Stipulation Download Stipulation of dismissal without prejudice filed. 04/07/2021 Order Download Parties ordered to submit briefing on whether the case was moot. 02/03/2021 Motion Download Joint motion for stay filed. 02/03/2021 Order Download Joint motion for stay granted. In Executive Order 13990, President Biden also revoked the 2019 Presidential Permit for the Keystone XL pipeline. The federal district court for the District of Montana subsequently stayed two cases (this one, and Indigenous Environmental Network v. Trump) challenging the 2019 permit until April 5 and directed the parties to submit a status report before that date regarding whether the court should proceed with mootness briefing or continue the stay. 02/02/2021 Order Download Parties directed to filed status report. 01/22/2021 Notice Download Notice of revocation of presidential permit filed. 10/16/2020 Order Download Preliminary injunction denied and defendant-intervenors' and defendants' motions for summary judgment granted in part. Montana Federal Court Denied Requests to Stop Work on Keystone Pipeline, Asked for More Briefing on Separation of Powers Issues. In a lawsuit challenging the 2019 Presidential Permit for the Keystone XL pipeline, the federal district court for the District of Montana denied requests to enjoin work on the pipeline. The court found that the plaintiffs failed to show “at this juncture” that they were likely to succeed on the merits of their claims and that they also failed to show they were likely to suffer irreparable injury. The court—which concluded that the Presidential Permit authorized only a 1.2-mile border-crossing segment of the pipeline and not, as the plaintiffs argued, the additional 875 miles of pipeline in the U.S.—found that alleged irreparable injuries outside the scope of what the permit authorized were “beyond the scope of the relief available.” Although the court found that each side had “valid arguments for their side in the balance of equities and public interest,” the court found that the “weight of these factors remains unclear and fails to compel the granting of preliminary relief.” The court also rejected any addition of claims related to BLM’s right-of-way permit. In addition, the court granted summary judgment to the defendants on the plaintiffs’ treaty-based claims due to the court’s determination that the Presidential Permit’s scope was limited to the 1.2-mile segment and did not affect tribal land. The court asked for supplemental briefing on the remaining constitutional issues, focused on separation of powers issues related to border-crossing pipeline permits. 03/03/2020 Answer Download Answer filed by defendants to plaintiffs' first amended complaint. 03/02/2020 Memorandum Download Memorandum filed by plaintiffs in support of motion for preliminary injunction. 03/02/2020 Motion Download Motion for preliminary injunction filed by plaintiffs. 02/25/2020 Memorandum Download Memorandum filed by defendants in support of motion for summary judgment. 02/25/2020 Motion for Summary Judgment Download Motion for summary judgment filed by defendants. 02/25/2020 Motion for Summary Judgment Download Memorandum filed by plaintiffs in support of motion for summary judgment. 02/25/2020 Motion for Summary Judgment Download Motion for summary judgment filed by plaintiffs. 02/25/2020 Response Download Response filed by plaintiffs to defendants TC Energy Corporation and TransCanada Keystone Pipeline, LP's motion for summary judgment. 02/13/2020 Order Download Order issued vacating hearing set for March 25, 2020 and resetting for April 16, 2020. 01/28/2020 Response Download Response filed by TC Energy to plaintiffs' motion for status conference. 01/24/2020 Brief Download Supplemental brief filed by plaintiffs in response to the court's December 10, 2019 order. 01/24/2020 Memorandum Download Memorandum filed in support of TransCanada Keystone Pipeline, LP and TC Energy Corporation's motion for summary judgment. 01/24/2020 Memorandum Download Memorandum filed by TransCanada Keystone Pipeline, LP and TC Energy Corporation in response to the court's December 10, 2019 order and in support of renewal of their motion to dismiss. 01/24/2020 Motion for Summary Judgment Download Motion for summary judgment filed by TransCanada Keystone Pipeline, LP and TC Energy Corporation. 01/24/2020 Request Download Request for status conference filed by plaintiffs. 01/24/2020 Response Download Response filed by defendants to court's questions in December 20, 2019 order. 01/24/2020 Statement Download Statement of undisputed facts filed by TransCanada Keystone Pipeline, LP and TC Energy Corporation. 01/14/2020 Status Report Download Amended status report filed by TransCanada Keystone Pipeline, LP and TC Energy Corporation. 12/20/2019 Order Download Order issued requesting additional briefing. 12/20/2019 Order Download Motions to dismiss granted in part and denied in part and four claims dismissed as moot. 11/20/2019 Notice Download Notice of supplemental authority filed by plaintiffs Rosebud Sioux Tribe and Fort Belknap Indian Community. 10/03/2019 Status Report Download Supplemental status report filed by TransCanada Keystone Pipeline, LP and TC Energy Corporation. 09/20/2019 Status Report Download Status report filed by TC Energy. 08/15/2019 Reply Download Reply filed by defendants in support of motion to dismiss plaintiffs' first amended complaint. 08/15/2019 Reply Download Reply memorandum filed in support of TC Energy Corporation and TransCanada Keystone Pipeline, LP's motion to dismiss plaintiffs' first amended complaint. 07/29/2019 Statement Download Statement filed by defendants regarding consolidation. 07/29/2019 Statement Download Statement filed by TC Energy in opposition to consolidation. 07/26/2019 Response Download Combined response filed to defendants' motions to dismiss. 07/22/2019 Statement Download Statement filed by Tribal Plaintiffs regarding consolidation. 07/16/2019 Order Download Court directed parties to file statements of position for court's review regarding consolidation of this case with Indigenous Environmental Network v. Trump. 06/27/2019 Motion to Dismiss Download Memorandum filed in support of defendants TC Energy Corporation and TransCanada Keystone Pipeline, LP's motion to dismiss plaintiffs' first amended complaint. 05/08/2019 Complaint Download First amended complaint filed. 03/27/2019 Response Download Response filed by plaintiffs in opposition to defendants' and defendant-intervenors' motions to dismiss as moot or, in the alternative, for a stay. 09/10/2018 Complaint Download Complaint filed. Indian Tribes Filed Lawsuit Challenging Keystone XL Permit. The Rosebud Sioux Tribe and Fort Belknap Indian Community filed a lawsuit challenging the presidential permit for the Keystone XL Pipeline. The plaintiffs asserted claims under the Administrative Procedure Act, the National Environmental Policy Act, and the National Historic Preservation Act. Among other things, they alleged that the 2017 decision granting the permit lacked any analysis of the impacts the pipeline would have on climate change, foreign policy, national security, and the economy. They also alleged that the 2017 decision ignored or contradicted specific factual findings and analyses in then-Secretary of State John Kerry’s 2015 decision denying the permit.