ELR Citation: 56 ELR 20013
No(s). 23-3019 (8th Cir. Jan 30, 2026)

The Eighth Circuit affirmed dismissal of claims for trespass, breach of contract, and unjust enrichment in a class action lawsuit concerning DOI's grant of a 20-year right-of-way allowing an oil pipeline to cross Indian lands held in trust in North Dakota. Individuals with beneficial ownership interests in Indian trust lands on the reservation argued the right-of-way constituted a continuing trespass in violation of their federal common-law right to possess their individually owned tracts, breach of an expired easement agreement, and unjust enrichment. The pipeline owner/operator moved to dismiss for failure to state a cause of action and failure to exhaust administrative remedies. A district court granted the motion in part, dismissing for failure to exhaust administrative remedies. The appellate court reversed, concluding plaintiffs were not required to exhaust administrative remedies because the Indian Right-of-Way Act and its implementing regulations did not grant the Bureau of Indian Affairs authority to award trespass damages or other relief sought. The district court again dismissed all claims. Plaintiffs again appealed, including the denial of their motion to intervene and grant of a preliminary injunction in a related suit. The appellate court concluded that plaintiffs' position as equitable owners of tribal land held in trust did not provide standing to bring their federal common-law claims. It affirmed dismissal of plaintiffs' claims for trespass, breach of contract, and unjust enrichment, and remanded for further consideration of the motion to consolidate with the other suit.