Court Dismisses with Leave to Amend Tribal Challenge to Willits Bypass

Materials in the matter of Coyote Valley Band of Pomo Indians of California, et al v. United States Department of Transportation et al, 15-cv-04987 (N.D. Cal. 2016):

Doc. 26 – California Department of Transportation’s and Malcolm Dougherty’s Answer and Affirmative Defenses to Complaint

Doc. 31 – Federal Defendants’ Notice of Motion and Motion to Dismiss

Doc. 35 – Opposition of Plaintiffs the Coyote Valley Band of Pomo Indians of California and the Round Valley Indian Tribes of California to Federal Defendants’ Motion to Dismiss

Doc. 36 – Federal Defendants’ Reply in Support of Their Motion to Dismiss

Doc. 58 – Order Granting Federal Defendants’ Motion to Dismiss, with Leave to Amend

Link to previously posted complaint here.

Tribal Challenge to Willits Bypass Project

Here is the complaint in Coyote Valley Band of Pomo Indians of California v. United States Dept. of Transportation (N.D. Cal.):

Complaint

An excerpt:

Defendants in this case must not be allowed to destroy historic properties, cultural resources, and sacred sites to build the Willits Bypass Project. This case challenges Defendants’ ongoing failure to properly identify and protect Plaintiffs’ ancestral, sacred, cultural, and archaeological sites and resources in the construction of the Willits Bypass Project. As a result of Defendants’ ground-disturbing activity both along the route and in the mitigation lands of the Willits Bypass Project, Defendants have destroyed the ancestral Native American sacred and cultural sites of Plaintiffs the Coyote Valley Band of Pomo Indians and the Round Valley Indian Tribes of California and failed to protect such places in the area of the Project, including the mitigation lands.