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SISSETON-WAHPETON OYATE v. U.S. DEPT. OF STATE

No. Civ. 08-3023.

659 F.Supp.2d 1071 (2009)

2009 DSD 12

The SISSETON-WAHPETON OYATE; Rosebud Sioux Tribe; Santee Sioux Tribe of Nebraska; and Yankton Sioux Tribe, Plaintiffs, v. UNITED STATES DEPARTMENT OF STATE; Hillary Clinton, in her official capacity as Secretary of State; Reuben Jeffery III, in his official capacity as Under Secretary of State for Economic, Energy and Agricultural Affairs; Elizabeth Orlando, in her official capacity as NEPA Coordinator, Keystone EIS Project Manager, U.S. Department of State; and the United States of America, Defendants, TransCanada Keystone Pipeline, LP, Defendant-Intervenor.

United States District Court, D. South Dakota, Central Division.

September 29, 2009.

Attorney(s) appearing for the Case

Eric J. Antoine, Rosebud, SD, Mario Gonzalez, Rapid City, SD, for Plaintiffs.

Cheryl Schrempp Dupris, U.S. Attorney's Office Pierre Office, Pierre, SD, John C. Cruden, Keith J. Benes, Luther Langdon Hajek, Ty Bair, United States Department of Justice, Washington, DC, for Defendants.

James Coleman, Sidley Austin LLP, Washington, DC, James Ellis Moore, William G. Taylor, Jr., Woods, Fuller, Shultz & Smith, PC, Sioux Falls, SD, Peter R. Steenland, Sidley Austin LLP, Washington, DC, for Defendant-Intervenor.

MEMORANDUM OPINION AND ORDER

KORNMANN, District Judge.

[¶ 1.] Defendant, United States of America, has filed a motion to dismiss for lack of jurisdiction, pursuant to Fed. R.Civ.P. 12(b)(1) and, alternatively, for failure to state a claim, pursuant to Fed. R.Civ.P. 12(b)(6), Doc. 26. Defendant-Intervenor has also filed a motion to dismiss for the same reasons, Doc. 27.

FACTS

[¶ 2.] On April 30, 2004, President George W. Bush issued...

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