Keystone XL Pipeline

Victoria Wicks

One of the defendants in a lawsuit against South Dakota's newly-enacted "riot boosting" law has been dismissed. That order came out on Wednesday, Sept. 18.

Pennington County Sheriff Kevin Thom was listed as a defendant along with Governor Kristi Noem and Attorney General Jason Ravnsborg.

ACLU filed suit on behalf of indigenous and environmental activists who say the law squelches their right to free speech.

SDPB's Victoria Wicks has this report.

The President of the United States has the ongoing treaty obligation to protect tribes and their land from damage and encroachment. That's the argument made by the Rosebud Sioux Tribe and Fort Belknap Indian Community in a federal courtroom in Great Falls, Mont., on Thursday, Sept. 12.

The tribes have sued President Donald Trump and other federal agencies for giving TC Energy, formerly TransCanada, a permit for the Keystone XL pipeline to cross the U.S./Canada border into Montana.

SDPB's Victoria Wicks has this report.

A lawyer for the Rosebud Sioux Tribe says the Keystone XL pipeline presents the same threats to Indian Country as did wagon trains and the transcontinental railroad.

Rosebud and Fort Belknap Indian Community have sued President Donald J. Trump for violating treaties when he issued a permit for the pipeline earlier this year.

A hearing on the issue has been set in Montana Federal Court for Sept. 12.

SDPB's Victoria Wicks has this story.

In other Keystone XL news, the Nebraska Supreme Court has upheld that state's granting of a permit for the pipeline.

NARF

A federal judge in Montana will hear arguments on Sept. 12 on the merits of a lawsuit brought by tribes against President Donald J. Trump.

The Rosebud Sioux Tribe and Fort Belknap Indian Community hold that the president unconstitutionally violated treaties when he issued a permit for the Keystone XL pipeline earlier this year.

TC Energy, formerly TransCanada, filed a motion asking Federal Judge Brian Morris to dismiss the case.

SDPB's Victoria Wicks has this report.

A South Dakota Water Management Board meeting ended abruptly on Wednesday, July 17, after a commenter yelled at the board, and the chairman called for a motion to adjourn. The board met to plan future hearings on water permits for construction of the Keystone XL pipeline. The business end took about an hour, and then public comments extended the hearing another hour.

SDPB's Victoria Wicks has this report.

SDPB

In The Moment News is a new podcast recaping news of the week. Find it every Friday afternoon.

Dakota Political Junkies

Jun 12, 2019
SDPB

In The Moment ... June 12, 2019 Show 594 Hour 2

It's that time of the week where we bring in the Dakota Political Junkies. Today we have Jonathan Ellis with the Sioux Falls Argus Leader and Jon Schaff, political science professor at Northern State University in Aberdeen.

Today the discussion includes the Keystone KL Pipeline and Hemp/2019 Farm Bill.

Victoria Wicks

Activists are gathering in Rapid City to protest the "riot boosting" law passed at the end of the 2019 legislative session. The legislation is the subject of a hearing to be held on Wednesday, June 11, at the federal courthouse in Rapid City.

At the request of Governor Kristi Noem, lawmakers pushed the bill through to address protests against the Keystone XL pipeline. It holds protest supporters civilly and criminally liable if a riot breaks out.

Several groups sued in federal court to stop that law from going into effect.

SD Legislative Research Council

State Senator Red Dawn Foster spoke last before the Rosebud Sioux Tribe Utilities Commission at hearings held this week at Saint Francis. The freshman senator from Oglala Lakota County said she opposed the Keystone XL pipeline during the 2019 legislative session. She told commissioners that there's a "clash of world views" between state officials and indigenous people.

SDPB's Victoria Wicks has this report.

SD Legislative Research Council

The Rosebud Sioux Tribe Utilities Commission heard from politicians and activists this week at its two-day hearing on the Keystone XL pipeline. The gathering was held at Saint Francis. TC Energy (formerly TransCanada) was notified of the hearing but did not send a representative.

Commissioners heard from leaders of several tribes, as well as State Senator Red Dawn Foster and State Representative Shawn Bordeaux.

YouTube screenshot

The Rosebud Sioux Tribe Utilities Commission is holding two days of hearings on the Keystone XL pipeline. The commission is responding to TC Energy's plans to build a pipeline that crosses Rosebud trust land adjacent to the reservation. The commission served notice of the hearing on TC Energy, formerly TransCanada, but no representatives showed up. The hearing started on Tuesday, May 28, and continued the next day. SDPB's Victoria Wicks reports.

NARF

Earlier this year the Governor of South Dakota did not consult tribes while planning legislation to deal with pipeline protests.

Because of that decision, the Oglala Sioux Tribe banned Kristi Noem from visiting the Pine Ridge Reservation.

Noem says tribes were left out because the proposed Keystone XL pipeline does not cross reservation land.

But a lawsuit filed in Montana federal court by the Rosebud Sioux Tribe says otherwise.

SDPB's Victoria Wicks has this report.

Churchill, Manolis, Freeman, Kludt & Burns, LLP

A hearing set for Wednesday, April 24, to consider TransCanada's request to use water for construction of the Keystone XL pipeline has been postponed.

TransCanada says it plans to start construction on worker camps in August.

The company has asked the South Dakota Water Management Board to exclude tribes and environmental groups from the permitting process.

SDPB's Victoria Wicks has this report.

ACLU SD

The American Civil Liberties Union has filed a challenge to a new South Dakota law designed to protect construction of the Keystone XL pipeline from "riot boosters."

Governor Kristi Noem and Attorney General Jason Ravnsborg are included as defendants. In the last full week of the 2019 legislative session, Noem pushed through two bills to prevent another Standing Rock situation if the Keystone XL pipeline is built.

Noem signed the new legislation on Wednesday, March 27, and the ACLU filed its complaint in South Dakota federal court on Thursday, March 28.

Victoria Wicks file photo

The Keystone XL pipeline has been on-again, off-again since 2008. That's when TransCanada first applied for a presidential permit to build the pipeline across the U.S./Canada border.

South Dakota rancher John Harter has known since the beginning that the pipeline is planned to cross his land near Winner.

He says he's relieved that the Ninth Circuit Court of Appeals left a Montana injunction in place, but he realizes this might not be the end.

Construction on the Keystone XL pipeline remains on hold until an appeal to the Ninth Circuit plays out. That order came out Friday, March 15.

The pipeline was stopped late last year, when a Montana federal judge put an injunction on the project until the U.S. State Department does more work on the permit.

TransCanada appealed that order to the Ninth Circuit and asked that the injunction be lifted while the appeal proceeds. The appeals court has turned down that request.

SDPB's Victoria Wicks has more.

Two controversial bills addressing the cost of hosting pipelines have landed on the governor's desk ready for Kristi Noem's signature.

One law sets up a fund to pay for the pipeline-related costs incurred by state and local governments.

The other introduces the term "riot boosting" and links the actions of rioters to the organizations that support their causes.

Jenifer Jones / SDPB

 

Both legislative chambers are passing Governor Kristi Noem’s pipeline action response funds in one day.

The bills were introduced on Monday. Supporters say swift action is about public safety. Critics point to a lack of transparency from the Noem Administration.

During the last full week of session, the Republican controlled statehouse has passed the governor’s legislation that helps the state and counties crack down on those who riot during pipeline construction.

U.S. District Court-Montana

A Montana federal judge has loosened restrictions on preconstruction activities for the Keystone XL pipeline.

The federal court halted the pipeline in November until the U.S. State Department completes an accurate and updated environmental impact statement.

TransCanada appealed the injunction to the 9th Circuit Court of Appeals and asked the Montana federal court to lift restrictions pending appeal.

An environmental lawyer says once construction starts, opponents lose.

SDPB's Victoria Wicks has this story.

NARF

The Keystone XL pipeline has landed in the 9th Circuit Court of Appeals. That court has opened five cases stemming from a Montana federal court order issued in November and amended in December and again on Friday, Feb.15. Those orders stop pipeline construction until the U.S. State Department receives an environmental impact statement that conforms with the National Environmental Protection Act, or NEPA.

SDPB

Governor Kristi Noem says she wants to build relationships and partnerships with South Dakota’s tribal communities.

Toward the end of her first State of the State address, she says she wants the Keystone XL pipeline’s construction safe, clean and efficient.

But a Native American lawmaker says that stance will further strain tribal relations with the state.

Republican Governor Noem says she wants to build state-tribal relations. She says those bonds could address challenges tribes face in education, law and order and economic development.

Native American Rights Fund

It can be confusing to try to track the active lawsuits against the Keystone XL pipeline. But a lawyer from Native American Rights Fund gave it a shot at the Oceti Sakowin Treaty Conference held in Rapid City this week.

A brief explanation is fairly simple: Montana federal court is handling three challenges to the pipeline, and in Nebraska, the state Supreme Court is deliberating another. The devil is in the details.

U.S. District Court-Montana

The Keystone XL pipeline project has been stalled by a judicial order coming out of a Montana federal court. Judge Brian Morris has found that the Trump administration relied on outdated information in 2017 when overturning the Obama administration's earlier denial of a permit.

Morris wrote in his order that even when reversing a policy after an election, an agency may not simply discard facts without a reasoned explanation.

SDPB's Victoria Wicks reports.

Victoria Wicks file photo

The Nebraska Supreme Court heard arguments on Thursday, Nov. 1, about the permitting process for the Keystone XL pipeline. One attorney in the courtroom represented the Yankton Sioux Tribe of South Dakota. Jennifer Baker says the required consultation of tribes has not been completed, and surveys of historical and cultural resources were not done for the alternative route approved in Nebraska.

SDPB's Victoria Wicks has this story.

Domina Law Group

The permit for the final segment of the Keystone XL pipeline was challenged Thursday, Nov. 1, in the Nebraska Supreme Court.  During the permitting process, the Nebraska Public Service Commission rejected two pipeline routes but approved an alternative route. Opponents say the Nebraska PSC had no statutory authority to do that. Lawyers for TransCanada and the PSC say commissioners followed due process, and the alternative route was always part of the discussion.

Native American Rights Fund

The Keystone XL pipeline is facing another federal lawsuit in Montana. The Rosebud Sioux Tribe has joined with the Fort Belknap Indian Community to challenge the Trump administration's permit for the pipeline. The tribes say the Trump state department violated the Administrative Procedures Act as well as federal laws protecting environmental and historical sites. This suit joins two others filed in Montana, now consolidated, since the Trump administration approved he pipeline in March 2017. SDPB's Victoria Wicks has this story.

The South Dakota Supreme Court issued an opinion on Thursday, June 14, that state courts don't have jurisdiction over certification of the Keystone XL pipeline permit.

Pipeline opponents appealed the Public Utilities Commission's 2014 certfication of TransCanada's 2010 permit.

On appeal, a Sixth Circuit judge upheld the certification, and opponents appealed that decision.

Now the high court says neither the Sixth Circuit nor the Supreme Court has standing under state law to hear the appeal.

Victoria Wicks file photo

The South Dakota Supreme Court heard arguments on Tuesday, April 17, from opponents and proponents of the Keystone XL pipeline.

In 2015, the Public Utilities Commission accepted TransCanada's certification that it can comply with the conditions of its 2010 permit.

Opponents appealed that certification to the Sixth Circuit Court last year, and now appeals the court's decision to the state's high court.

SDPB's Victoria Wicks has this report.

SD Public Utilities Commission

South Dakota's PUC chairwoman says the Nebraska Public Service Commission is bound by state law, as are the public utility commissions in all states. And so she says the Nebraska PSC had to make its decision to permit the Keystone XL pipeline based on the evidence they received.

Kristie Fiegen says commissions have to interpret state law and apply that to the evidence and filings.

Nebraska Democratic Party

The Nebraska Public Service Commission voted three to two on Tuesday, Nov. 20, to permit the Keystone XL pipeline to cross the state. Afterward landowners and activists for the environment and tribes gathered to declare their continued opposition. Bold Nebraska posted that rally online, and SDPB's Victoria Wicks listened to bring us this report.

To read TransCanada's statement, click on this link:

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