General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCould the Sioux Tribe be sued by the oilmongers?
Could DAPL sue the Sioux for the millions they are out because their permit was denied? Or for any other reasons?
lonestarnot
(77,097 posts)Rock
TheBlackAdder
(28,235 posts)lonestarnot
(77,097 posts)Travis_0004
(5,417 posts)Its not on their land, so no treaty is blocking construction.
Im sure they will just relocate it a bit further north.
doc03
(35,396 posts)heartbeat.
2naSalit
(86,872 posts)Maybe, maybe not. Depends on what the treaty says and who, in the ACoE allowed the construction without EIS, etc. Could be that the illegal actions by Corps and the pipeline company could automatically shield the tribes from any court case. And then again, it will be federal court, as always, but they may enjoy the same powers of certiorari (I think that's what it is) where, like the US federal gov't, they can decide that the plaintiff can't sue and will not be granted a hearing in court... such as SCOTUS.
Equinox Moon
(6,344 posts)Say, Occupy Wallstreet, too many various people involved to target-sue anyone. I just hope they don't try to collect money from the Tribe for something to do with this stand-off.
2naSalit
(86,872 posts)and hopefully they won't find a judge willing to hear their case.
Wellstone ruled
(34,661 posts)is,the Pipeline Company's Construction Company will file against the Interior Department to show just cause as why their project was halted. Then seek monetary damages and legal expenses. You know darn well they have already Judge shopped this thing to get a stay so they can resume construction.
tirebiter
(2,539 posts)Ever try to sue the Army?
lpbk2713
(42,770 posts)I don't see how they can sue anyone else for their poor planning.
branford
(4,462 posts)and there was even prior litigation establishing the route. This was not "poor planning," but rather politics, even if we may like the outcome.
If the company goes to court, they likely stand a good chance of setting aside the permit/easement denial as arbitrary and capricious. particularly under a justifiable reliance theory. However, this will likely not be necessary as the Trump administration almost certainly has the power to reverse the current determination.