Tribe Members Say Feds Need Not Act Before Pipeline Suit

Law360 (October 14, 2020, 8:20 PM EDT) -- Three Affiliated Tribes members pressed the Eighth Circuit on Wednesday to overturn the dismissal of their proposed class action challenging a Marathon Petroleum-owned company's pipeline, saying they aren't "second-class citizens" barred from bringing trespass claims unless the federal government acts first.

Tesoro High Plains Pipeline Co. has asked the court to rebuff the appeal by JoAnn Chase and about four dozen other members of the Three Affiliated Tribes — also known as the Mandan, Hidatsa and Arikara Nation — saying a lower court rightly found the Bureau of Indian Affairs must first decide what to do about a possible trespass on...

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