Landowners’ Challenge to High Plains Pipeline Revived on Appeal

Sept. 13, 2021, 5:54 PM

A lawsuit by American Indian landowners challenging the ongoing operation of the High Plains Pipeline should be placed on hold, and not dismissed, to see what action the Bureau of Indian Affairs takes, the Eighth Circuit ruled Monday.

The Bureau of Indian Affairs’ “extensive authority, protective role, and prior involvement” in the issue makes it appropriate to defer to the agency’s primary jurisdiction, according to the U.S. Court of Appeals for the Eighth Circuit. Even though the landowners’ claims are within the court’s jurisdiction, a final decision requires issues to be resolved that are already before the agency, the court ...

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