Mandan, Hidatsa & Arikara v. U.S. Dept., Interior

358 F. Supp. 3d 1
CourtCourt of Appeals for the D.C. Circuit
DecidedFebruary 5, 2019
DocketCase No. 18-cv-1462 (CRC)
StatusPublished
Cited by3 cases

This text of 358 F. Supp. 3d 1 (Mandan, Hidatsa & Arikara v. U.S. Dept., Interior) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mandan, Hidatsa & Arikara v. U.S. Dept., Interior, 358 F. Supp. 3d 1 (D.C. Cir. 2019).

Opinion

CHRISTOPHER R. COOPER, United States District Judge *4This case concerns the Bureau of Land Management's ("BLM") approval of permits for Slawson Exploration Company, Inc. ("Slawson"), to drill horizontal oil and gas wells underneath Lake Sakakawea in North Dakota. The well pad is located 600 feet from the lake on privately-owned "fee" land within the Fort Berthold Indian Reservation, which is where Plaintiff Mandan, Hidatsa and Arikara Nation ("MHA Nation" or "Tribe") resides. The Tribe brought this lawsuit against the U.S. Department of the Interior and its now-former Secretary Ryan Zinke ("federal defendants") to challenge the issuance of the drilling permits. It says the BLM's decision to approve the permits violated a tribal law requiring that all well sites be at least 1,000 feet from the lake. Slawson, as it did in the administrative proceedings, intervened as a defendant.

Slawson, joined by the federal defendants, has moved to transfer the case to the District of North Dakota-where the land in question and the relevant BLM decisionmakers are located-arguing that the case presents an entirely local dispute with no meaningful connection to the District of Columbia. The Tribe opposes the motion. For the reasons that follow, the Court will grant the motion and transfer the case to the District of North Dakota.

I. Background

In 1953, the federal government completed construction of the Garrison Dam along the Missouri River in central North Dakota. Compl., ECF No. 1, ¶ 19. The erection of the dam created Lake Sakakawea, a 180-mile long reservoir that runs through the Fort Berthold Indian Reservation. Id. The reservation is home to the Mandan, Hidatsa and Arikara Nation, a federally-recognized tribe. Id. ¶¶ 11, 14.

BLM, an agency of the Department of the Interior, administers federal oil and gas leases. In 2011, Slawson applied to the BLM's North Dakota Field Office for permits to drill multiple horizontal wells underneath Lake Sakakawea. Id. ¶ 41. The wells share a common well pad on privately-owned, non-Indian "fee" land approximately 600 feet from the shore. Id. ¶¶ 42-43. (Fee land is property that is individually owned rather than held by the federal government in trust for Indian tribes.) According to Slawson, the well bores will penetrate mineral beds held either by the federal government, the State of North Dakota, or private entities. They will not reach minerals held by, or in trust for, the Tribe. See Slawson's Motion to Transfer ("MTT"), Exhibit A (Environmental Assessment), ECF No. 18-2, at 1; MTT, Exhibit B (Decl. of Eric Sundberg), ECF No. 18-3, ¶ 4. The BLM's North Dakota Field Office analyzed the potential impact of Slawson's proposed project as required by the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. , and, in March 2017, published an Environmental Assessment, a Finding of No Significant Impact, and a Decision Record. Compl. ¶ 49. The office approved the project and granted the permits. Id.

The MHA Nation sought administrative review of this decision with BLM's Montana-Dakotas State Director. Id. ¶ 50. It argued that the location of the well pad violated a tribal resolution passed in February 2017 that imposed a 1,000-foot setback *5requirement on all wells near the lake regardless of whether the land was held in fee or owned by, or in trust for, the Tribe or its members. Id. The Tribe also argued that the location of the well pad conflicted with the BLM's own resource management plan, which applies to the development of federal minerals in North Dakota, id. ¶ 28, the Army Corps of Engineers' management plan for Lake Sakakawea, id. ¶ 33, and the Bureau of Indian Affairs' programmatic biological assessment and evaluation for oil and gas development in the Fort Berthold Reservation, id. ¶ 37. See id. ¶ 50. In April 2017, the State Director affirmed the Field Office's decision to issue the permits. Id. ¶ 51. The affirmance was grounded on a finding that the BLM was not bound by the Tribe's setback law because the permits in question were for use on privately-owned fee land, not land owned by the Tribe or its members, and that the Tribe thus lacked civil jurisdiction over Slawson under the Supreme Court's decision in Montana v. United States, 450 U.S. 544, 101 S.Ct. 1245, 67 L.Ed.2d 493 (1981). See MTT, Exhibit F (BLM State Director Decision), ECF No. 18-7, at 4-5.

The Tribe then filed a Notice of Appeal and Petition for Stay with the Interior Board of Land Appeals ("IBLA"). Compl. ¶ 52. As it did here, Slawson intervened. Id. In August 2017, an administrative judge from the IBLA issued an order staying the effectiveness of Slawson's permits pending review of the merits of the Tribe's appeal. Id. ¶ 53.

In response, Slawson turned to the District of North Dakota for an injunction preventing the IBLA from enforcing the stay. Id. ¶¶ 54-55. The district court entered a temporary restraining order ("TRO") against the stay in August 2017, which allowed Slawson to continue drilling, id.

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Bluebook (online)
358 F. Supp. 3d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mandan-hidatsa-arikara-v-us-dept-interior-cadc-2019.