Thursday, January 7, 2021

Chippewa Sue Enbridge Tar Sands Oil Pipeline But Army Corps Lost in DC Mail Press Tweets

 By Matthew Russell Lee, Patreon

BBC - Guardian UK - Honduras - ESPN

FEDERAL COURT, Dec 31 – A lawsuit seeking to enjoin a tar sands oil pipeline in Minnesota and elsewhere got a initial hearing on December 30 in the U.S. District Court for the District of Columbia. Inner City Press covered it, and live tweeted it here:

The US Army Corps of Engineers decision to let Enbridge Energy to build a  330-mile pipeline for tar sands oil from Canada is being sued in DC Dist by the Red Lake Band of Chippewa Indians & White Earth Band of Ojibwe.  

US says it has not been served. The papers are in the mail, but USPS says they won't arrive until January 5.

Judge Judge Colleen Kollar-Kotelly says she can move fast, because of COVID she is not going anywhere. She asks the parties to agree to a briefing schedule  Assistant US Attorney says the Corps of Engineers people are on vacation, unreachable. They want more time.

Judge: Are they going to be back on Monday? AUSA: That would be the first day. This permit may have a truly massive record, including state litigation.  Judge: I was reversed some years ago for doing a TRO without getting the administrative record in. It's local rule 7(10)(1), it's gotten better. Has there been other litigation?

Plaintiffs' counsel: Yes, at the state level. And under Section 401 of the Clean Water Act.   Plaintiffs' counsel: It's in the Minnesota Court of Appeals. 

Judge: So we'll talk once you reach the Army Corps of Engineers. 

The case is RED LAKE BAND OF CHIPPEWA INDIANS, WHITE EARTH BAND OF OJIBWE, HONOR THE EARTH, and SIERRA CLUB, Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant. Case No. 1:20-cv-3817 (D.D.C., Kollar-Kotelly)

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