Appeals Court Decision Shines Light on Risks of Land Deconstruction if Indian Allotment Owners’ and Indian Tribes’ Rights Are Not Respected

In a recent decision, the U.S. Court of Appeals for the Tenth Circuit upheld a judgment of trespass against an oil and gas company based on the continued presence of a pipeline on tribal allotment lands in Oklahoma subsequent to the expiration of the easement upon which the pipeline sat. However, the Tenth Circuit reversed the district court’s order requiring the oil and gas company, Enable Intrastate Transmission LLC, to remove the pipeline.