ELR Citation: 56 ELR 20063
No(s). 5:26-cv-5035-CCT and 5:26-cv-05051-CCT (D.S.D. May 5, 2026) (Theeler, J.)

A district court granted tribes' and nonprofit groups' motion for a temporary restraining order in two lawsuits challenging the Forest Service's authorization of an exploratory drilling project on land in the Black Hills National Forest that is sacred to tribes of the Great Sioux Nation. Plaintiffs argued the Service acted arbitrarily when it approved the project by applying a categorical exclusion under NEPA concerning "short-term (1 year or less) mineral, energy, or geophysical investigations and their incidental support activities.” The court found plaintiffs demonstrated a fair chance of success on the merits because project operations would not be completed within one year, and that they identified four categories of harm: (1) harm to sacred land and traditional, cultural, and religious practices at the project site; (2) harm to water quality and drinking water resources; (3) ecological harm to a rare landscape; and (4) permanent loss of procedural rights under NEPA and the National Historic Preservation Act. It concluded a temporary restraining order was necessary to preserve the status quo and prevent irreparable harm.