Could the Sioux Tribe be sued by the oilmongers?

[Equinox Moon]

Could DAPL sue the Sioux for the millions they are out because their permit was denied? Or for any other reasons?

[lonestarnot]

1. Anybody can sue anybody for any damn thing. The Reservation is sovereign. Tribal law. Standing

Rock

[TheBlackAdder]

2. I'm having a hard time thinking when the United States last honored Native American sovereignty.

[lonestarnot]

3. Is a thing to wonder about.

[Travis_0004]

8. Im not sure what sovereignty has to do with it

Its not on their land, so no treaty is blocking construction.

Im sure they will just relocate it a bit further north.

[doc03]

4. According to Napolitano on Fox Trump will reverse that order in a

heartbeat.

[2naSalit]

5. Interesting question.

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]

10. Most resistance situations are not by a specific group like this.

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]

12. I doubt they will have standing

and hopefully they won't find a judge willing to hear their case.

[Wellstone ruled]

6. What most likley will go down

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]

7. The Sioux Nation did not have the authority.

Ever try to sue the Army?

[lpbk2713]

9. The route was laid out by DAPL.

I don't see how they can sue anyone else for their poor planning.

[branford]

11. The route was previously approved by the government,

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.