Sisseton-Wahpeton Oyate Effort to Stop Road (Mostly) Fails

Here are the materials in Sisseton-Wahpeton Oyate of the Lake Traverse Reservation v. United States Corps of Engineers (D.S.D.):

90-sisseton-brief

us-army-corps-brief

92-sisseton-reply

93-dct-order

An excerpt:

For the reasons explained above, the Court denies Plaintiffs’ request for an injunction against the Corps, remands to the Corps for reconsideration whether the 2009 gully crossings were the type of undertaking that could affect historic properties under 36 C.F.R. § 800.3(a) and to complete the Section 106 process if so necessary, and denies all other requests for relief requested by Plaintiffs. Judgement will enter accordingly.

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