Here are the materials in Confederated Tribes and Bands of the Yakama Nation v. Fish and Wildlife Service (E.D. Wash.):
49 Umatilla Motion for Summary J
50 Yakama Motion for Summary J
An excerpt:
Although the NHPA and its accompanying regulations do not mandate a particular substantive outcome, its procedural requirements are obligatory. This Court would be derelict in its duties if it failed to enforce the minimal procedural protections guaranteed the Tribes. True, the Service, after reopening consultation with the parties, may reasonably conclude that the expanded program of wildflower tours will have no adverse effect on the Lalíik TCP. But this hypothetical cannot influence the Court’s current analysis. Instead, the relevant focus is whether the Service complied with the relevant statute and regulations: did the Service “stop, look, listen,” and carefully consider tribal input before moving ahead with the greatly expanded undertaking? Or, instead, did the Service stop, look at past tribal consultations on similar proposals, and inappropriately assume that each Tribe would merely voice its blanket opposition rather than providing additional insight to or suggested mitigation measures for the expanded undertaking? Because this Court concludes the latter occurred here, the only remedy is to set aside the Agency’s no adverse effect finding on the updated proposal and order the Service to reengage in the consultation process before conducting any additional wildflower tours within the Lalíik TCP, if it still chooses to pursue the undertaking.
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