Federal Court Denies Injunction against Enforcement of Indian ROW Regs

Here are the materials in Western Energy Alliance v. Dept. of Interior (D.N.D.):

21 Opposition to PI Motion

23 Reply

31 WEA Motion to Stay

32 Federal Response to Motion to Stay

34 DCT Order

An excerpt:

After a careful review of the entire record, and a careful consideration of all of the Dataphase factors, the Court finds that Western Energy has not met the burden of establishing the necessity of a preliminary injunction. The Dataphase factors, when viewed in their totality, weigh against the issuance of a preliminary injunction. The Court notes that both parties presented very well-reasoned legal arguments in support of their respective positions. Suffice it to say the need for this new Final Rule is unclear at best, particularly when the long-established process for obtaining BIA grants of rights-of-way across tribal lands seems to have worked relatively well for more than 60 years. The undersigned is very familiar with the process for obtaining grants of rights-of-way on reservation lands in North Dakota, as a direct result of significantly increased oil field activity in western North Dakota. Although the current regulations may arguably have been in need of some updates and “modernization,” the Final Rule will likely create far more confusion, chaos, and litigation than what the Department of the Interior ever contemplated. However, the Court finds the Dataphase factors, and the equities, weigh against the granting of the extraordinary remedy of a preliminary injunction. Accordingly, Western Energy’s motion for a preliminary injunction (Docket No. 9) is DENIED. Western Energy’s emergency motion for a stay (Docket No. 31) is DENIED as moot.

Complaint (and the main thrust of the injunction motion) here.

 

This entry was posted in Author: Matthew L.M. Fletcher, Regulations, Research and tagged , , . Bookmark the permalink.

One Response to Federal Court Denies Injunction against Enforcement of Indian ROW Regs

  1. Pingback: Federal Court Denies Injunction against Enforcement of Indian ROW Regs, BIA Proceeds with implementation of Rights-of-Way Rules - Roundhouse Talk

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