Natural Gas Pipeline

National Cases

• Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers
  • In the U.S. District Court for the District of Columbia, docket no. 1:16-cv-01534
    • Complaint for declaratory and injunctive relief (July 27, 2016)
    • Tribe’s Motion for Preliminary Injunction (Aug. 4, 2016)
    • Tribe’s Emergency Motion for a Temporary Restraining Order (Sept. 4, 2016)
    • Memorandum Opinion (Sept. 9, 2016) (denying the Tribe’s motion for a preliminary injunction)
    • Dakota Access, LLC’s Answer to Intervenor-Plaintiff Cheyenne River Sioux Tribe’s First Amended Complaint for Declaratory and Injunctive Relief, and Cross-Claim Against Defendant U.S. Army Corps of Engineers (Nov. 15, 2016)
    • Dakota Access’ Motion for Summary Judgment (Dec. 5, 2016)
    • Memorandum in Support of Standing Rock Sioux Tribe’s Motion to Dismiss and Cross-Motion for Summary Judgment (Jan. 6, 2017)
    • Standing Rock Sioux Tribe’s Memorandum in Support of Its Motion for Partial Summary Judgment (February 14, 2017)
    • U.S. Army Corps of Engineers’ Opposition to Standing Rock Sioux Tribe’s Motion for Partial Summary Judgment and Cross-Motion for Partial Summary Judgment (March 14, 2017) 
    • Order Granting in Part and Denying in Part on Cross-Motions for Partial Summary Judgment (June 14, 2017) and its Memorandum Opinion
    • U.S. Army Corps of Engineers’ Brief Regarding Remedy (July 17, 2017) 
    • Memorandum Opinion relating to Order on Interim Conditions (December 4, 2017)
  • In the U.S. Court of Appeals for the District of Columbia Circuit, docket no. 16-5259
    • Tribe’s Emergency Motion for Injunction Pending Appeal (Sept. 12, 2016)
    • Federal Defendants’ Opposition to Plaintiff-Appellant’s Emergency Motion for Injunction Pending Appeal (September 14, 2016)
    • Intervenor-Defendant’s Opposition to Emergency Motion for Injunction Pending Appeal (September 14, 2016)
    • Order denying the Tribe’s Motion for Injunction Pending Appeal (Oct. 9, 2016)
  • President Trump’s Executive Order directing the approval of an easement for the Dakota Access Pipeline
  • In the U.S. Court of Appeals for the District of Columbia Circuit, docket no. 17-5043
    • Emergency Motion for Injunction Pending Appeal (March 15, 2017)
    • Order denying Emergency Motion for Injunction Pending Appeal (March 18, 2017)

• TransCanada Keystone Pipeline, LP & TC Oil Pipeline Operations Inc. v. Kerry, U.S. Department of State
  • In the U.S. District Court for the Southern District of Texas, Houston Division, docket no. 4:16-cv-00036
    • Complaint (Jan. 6, 2016)
    • Defendant’s Memorandum in Support of their Motion to Dismiss or, in the Alternative, for Summary Judgment (Apr. 1, 2016)
    • Memorandum in Support of Plaintiff’s Cross-Motion for Summary Judgment (May 2, 2016)
    • U.S. Amicus Curiae Brief of the Chamber of Commerce of the United States and the National Association of Manufacturers in Support of Plaintiffs (May 9, 2016)
    • Order denying U.S. Department of State’s Motion to Dismiss and TransCanada Keystone Pipeline’s Motion for Summary Judgment (January 30, 2017)
  • In the International Centre for Settlement of Investment Disputes
    • Notice of Intent to Submit a Claim to Arbitration under Chapter 11 of NAFTA (Jan. 6, 2016)
    • Request for Arbitration (June 24, 2016)
  • Presidential Memorandum Regarding Construction of the Keystone XL Pipeline (January 24, 2017)
    • Re: TransCanada Keystone Pipeline, L.P. Application for Presidential Permit for Keystone XL Pipeline Project (January 26, 2017)
    • Department of State – Record of Decision and National Interest Determination (March 17, 2017)