Rosebud Sioux Tribe v. U.S. Department of the Interior

Filing Date: 2020
Case Categories:
Principal Laws:
National Environmental Policy Act (NEPA), Administrative Procedure Act (APA), 1851 Fort Laramie Treaty, 1855 Lame Bull Treaty, 1868 Fort Laramie Treaty
Description: Challenge to right-of-way granted for the Keystone XL Pipeline.
  • Rosebud Sioux Tribe v. U.S. Department of the Interior
    Docket number(s): 4:20-cv-00109
    Court/Admin Entity: D. Mont.
    Case Documents:
    Filing Date Type File Action Taken Summary
    03/04/2022 Notice of Voluntary Dismissal Download Notice of voluntary dismissal without prejudice filed. Tribes Voluntarily Dismissed Their Challenge to Grant of Right-of-Way for Keystone XL. In a case in Montana federal district court challenging a right-of-way and a temporary use permit for the Keystone XL pipeline project, two tribes voluntarily dismissed the action without prejudice.
    02/28/2022 Status Report Download Joint status report filed, requesting that stay be extended for an additional 60 days.
    11/01/2021 Status Report Download Joint status report filed, requesting that stay be extended for an additional 60 days.
    08/31/2021 Order Download Stay continued for 60 days.
    08/06/2021 Status Report Download Joint status report filed.
    06/07/2021 Order Download Stay continued for 60 days.
    06/07/2021 Status Report Download Joint status report filed.
    11/17/2020 Complaint Download Complaint filed. Tribes Filed New Lawsuit Challenging Federal Authorization for Keystone XL Pipeline. The Rosebud Sioux Tribe and Fort Belknap Indian Community filed a new lawsuit challenging a right-of-way granted in 2020 by BLM for the Keystone XL Pipeline to cross more than 45 miles of federally administered land in Montana. The plaintiff tribes asserted that BLM failed to analyze and uphold the United States’ treaty obligations and failed to analyze the pipeline’s impact on their territories and particularly their water resources and lands held in trust. They alleged that they had identified a number of other issues during the NEPA process—including failure to conduct an adequate climate change analysis—but that the final supplemental environmental impact statement did not remedy these issues. They asserted five causes of action: a claim under NEPA and the Administrative Procedure Act; breaches of the 1851 Fort Laramie Treaty, the 1855 Lame Bull Treaty, the 1868 Fort Laramie Treaty; and a failure to adhere to the Department of the Interior’s tribal consultation policies.