STANDING ROCK INDIAN RESERVATION (KXNET) — The case of a road washout on the Standing Rock Indian Reservation that killed two people and injured two others in 2019 isn’t over yet.

Attorneys for the plaintiffs have appealed a judge’s decision from March granting a motion to dismiss the wrongful death lawsuit against the Bureau of Indian Affairs.

In that earlier ruling, Judge Daniel Hovland said BIA had no mandatory rules, regulations, policies or procedures to follow in deciding whether to replace the culvert.

He also said at the time that the application of the law, in this case, was extremely unfair and that common sense and justice were absent from its application.

In a brief filed on Friday, June 17, attorneys for the plaintiffs argued that the record fails to demonstrate the hidden danger posed by the failing culvert was the result of policy choices by the government rather than mere negligence.