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Peter d'Errico: Yankton Sioux Tribe battles Dakota Access in court

Filed Under: Law | Opinion
More on: dakota access pipeline, peter d'errico, yankton sioux
     
   

During the fourth week of February 2017, authorities evicted the last remaining residents of Oceti Sakowin, the #NoDAPL encampment in North Dakota that hosted tens of thousands of people. Photo: Rob Wilson [GoFundMe]

Retired professor Peter d'Errico praises the Yankton Sioux Tribe for challenging the system of "domination" that's lurking behind the fight over the Dakota Access Pipeline:
The Yankton Sioux and their Chairman, Robert Flying Hawk, have broken new ground in litigation against the U.S. Army Corps of Engineers to protect the waters of the Missouri River from invasion and desecration by the Dakota Access Pipeline (DAPL): Their complaint challenges the federal Indian law concept of “plenary power,” by which the U.S. claims total authority over Indians and Indian lands.

To my knowledge, a litigation challenge to federal Indian law basic concepts has only been done once before, by the Western Shoshone National Council in 1995. The Western Shoshone challenged the whole structure based on the so-called “right of Christian Discovery”—including the “trust doctrine” that the U.S. uses in conjunction with “plenary power.”

Standing Rock and other parties challenging DAPL have limited their arguments to conventional federal Indian law and U.S. statutes like the National Historic Preservation Act and the National Environmental Policy Act. These arguments presume the U.S. does have a “right” to dominate Indian country, but challenge the specifics of the domination—such as whether the U.S. followed proper procedures in its claim of domination.

Read More on the Story:
Peter d'Errico: Yankton Sioux Challenges ‘Plenary Power’ Doctrine in DAPL Case (Indian Country Today 2/27)

Indian Country #NoDAPL Briefs:
Oglala Sioux Tribe (February 21, 2017)
Pueblo of Pojoaque / Association on American Indian Affairs / University of New Mexico School of Law Natural Resources and Environmental Law Clinic (February 21, 2017)
National Indigenous Women's Resource Center / 13 Tribes / 105 Non-Profit Organizations (February 21, 2017)
National Congress of American Indians / 34 Tribes / 11 Tribal Organizations / 2 Civil Rights Organizations (February 22, 2017)

Federal Register Notice:
Notice of Termination of the Intent To Prepare an Environmental Impact Statement in Connection With Dakota Access, LLC's Request for an Easement To Cross Lake Oahe, North Dakota (February 17, 2017)

Prior Federal Register Notice:
Notice of Intent To Prepare an Environmental Impact Statement in Connection With Dakota Access, LLC's Request for an Easement To Cross Lake Oahe, North Dakota (January 18, 2017)

Dakota Access Pipeline Approval Documents:
Department of Justice Notice | Department of the Army Approval Memorandum | Notice of Termination of EIS for Dakota Access Pipeline | Easement Letter to Congressional Leadership

White House Documents:
Presidential Memorandum Regarding Construction of the Dakota Access Pipeline (January 24, 2017)
Presidential Memorandum Regarding Construction of the Keystone XL Pipeline (January 24, 2017)
Executive Order Expediting Environmental Reviews and Approvals For High Priority Infrastructure Projects (January 24, 2017)
Presidential Memorandum Regarding Construction of American Pipelines (January 24, 2017)
Presidential Memorandum Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing (January 24, 2017)
Press Release: President Trump Takes Action to Expedite Priority Energy and Infrastructure Projects (January 24, 2017)

Related Stories:
Sioux Nation citizens seek to join Dakota Access Pipeline lawsuit (2/27)
Dakota Access files another status update on construction work (2/27)
Mark Trahant: The story of Standing Rock won't be going away (2/27)
Jenni Monet: Tribes continue fight as #NoDAPL camps evicted (2/27)
Albert Bender: The war against Dakota Access can still be won (2/27)
Standing Rock Sioux Tribe blasts Trump claim of 'constant contact' (2/24)
Cheyenne River Sioux Tribe calls out Trump 'lies' on Dakota Access (2/24)
Cheyenne River Sioux Tribe slams Trump for lack of consultation (2/23)
Indian Country joins legal push to block Dakota Access Pipeline (2/22)
Dakota Access offers up March 6 as earliest date for completion (2/22)
Trump administration opposes injunction against Dakota Access (2/22)
Trump team puts hold on pro-tribal Dakota Access legal opinion (2/22)
Native Sun News Today: #NoDAPL campsites see their final days (2/22)
Elizabeth Cook-Lynn: Dakota Access is everything wrong with US (2/22)
Standing Rock Sioux Tribe hopes to see return of casino business (2/21)
Dina Gilio-Whitaker: Sen. Hoeven raises red flags in Indian Country (2/20)
Bureau of Indian Affairs issues 'trespass' notice to #NoDAPL camp (2/17)
Hearing on injunction against Dakota Access moved to February 28 (2/17)
Army Department formally cancels Dakota Access Pipeline review (2/16)
Native Sun News Today: Dakota Access firms see spills, explosions (2/16)
James Giago Davies: Tribes face bigger threat than Dakota Access (2/16)
Monte Mills: Tribes turn to courts to battle Dakota Access Pipeline (2/16)
Standing Rock leader vows to 'forgive' despite White House slight (2/15)
Freedom Socialist: Voices from water protectors at Standing Rock (2/15)
New leader of key House panel defends handling of Dakota Access (2/14)
Dakota Access ready to start transporting oil sooner than expected (2/13)
More tribes join effort to halt completion of Dakota Access Pipeline (2/13)
Army Corps gave go ahead to Dakota Access Pipeline in key memo (2/13)
Mark Trahant: Battle over Dakota Access Pipeline is far from over (2/13)
Tribes head back to court in hopes of halting Dakota Access Pipeline (2/10)
Dakota Access pushes to finish pipeline with Army Corps easement (2/9)
Mark Charles: The real reason Trump hasn't heard about #NoDAPL (2/9)
James Giago Davies: Dakota Access battle has got us divided again (2/9)
Tribes promise fight to keep Dakota Access Pipeline out of homeland (2/8)
Key Dakota Access document from Army Corps wasn't filed in court (2/8)
J. Gabriel Ware & James Trimarco: City breaks with bank over DAPL (2/8)
Tracy Loeffelholz Dunn: In defense of Native journalist Jenni Monet (2/8)
Chelsey Luger: Media is still trying to divide and conquer our people (2/8)
Peter d'Errico: Even Donald Trump can't trample over tribal treaties (2/8)
Andrea Carmen/Roberto Borrero: Trump's slash and burn on treaties (2/8)
Trump administration formally approves easement for Dakota Access (2/7)
Mark Trahant: Native journalist charged by North Dakota authorities (2/7)
Albert Bender: Donald Trump goes blitzkrieg on #NoDAPL movement (2/7)
Dakota Access offers timeline as Trump finalizes decision on pipeline (2/6)
Ladonna Bravebull Allard: Indigenous nations must stand our ground (2/6)
Jenni Monet: I got arrested for reporting on the #NoDAPL movement (2/6)
Ray Cook: Now it is time for all of us to stand down at Standing Rock (2/6)
Frances Madeson: More tribes joining with #DefundDAPL movement (2/3)
Mark Trahant: Donald Trump's 'logic' on the Dakota Access Pipeline (2/1)
Winona LaDuke: Tribes emboldened by resistance at Standing Rock (2/1)
Native Sun News Today: Tribes push back on Trump's pipeline orders (2/1)

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