Here is the unpublished opinion in Caddo Nation v. Wichita and Affiliated Tribes.
Briefs here.
National Environmental Policy Act
Ninth Circuit Rules in Favor of Tribe in Pit River v. BLM III
Here is the opinion in Pit River Tribe v. Bureau of Land Management.
Briefs:
Ninth Circuit Decides Pit River Tribe v. Bureau of Land Management re: Medicine Lake Highlands
Here is the opinion. An excerpt from the court’s syllabus:
The panel reversed the district court’s order granting judgment on the pleadings in an action brought by environmental organizations challenging the Bureau of Land Management’s continuation of 26 geothermal leases in northeastern California’s Medicine Lake Highlands.
The panel held that the district court incorrectly treated the environmental organizations’ claims as arising under only § 1005(a) of the Geothermal Steam Act. BLM’s 1998 decision to continue the 26 unproven leases in the Glass Mountain Unit under § 1005(a) was issued simultaneously with its decision to reverse and vacate its earlier decision to extend those leases on a lease-by-lease basis under § 1005(g). The panel held, thus, that the environmental organizations’ challenge to BLM’s decisions issued on May 18, 1998 implicated both § 1005(a) and § 1005(g).
Because BLM must conduct environmental, historical, and cultural review under the National Environmental Policy Act and the National Historic Preservation Act before granting lease extensions under § 1005(g), the panel held that the environmental organizations’ claim fell within § 1005(g)’s zone-of-interests, and the organizations had
stated a claim under § 1005(g).The panel declined the environmental organizations’ invitation to rule on the merits of its Geothermal Steam Act claims, and remanded for further proceedings.
Briefs:
Federal Court Declines to Block Solar Project affecting CRIT Sacred Sites
Here are the materials in Colorado River Indian Tribes v. Dept. of Interior (C.D. Cal.):
We posted the complaint here.
White Earth Nation Moves for Summary Judgment in Challenge to Two Oil Pipelines
Here is the motion in White Earth Nation v. Kerry (D. Minn.):
We posted the complaint here.
US and Industry Defeat Challenge to Uranium Mining at Grand Canyon Mine
Here are the materials in Grand Canyon Trust v. Williams (D. Ariz.):
140-1 Plaintiffs Motion for Summary J
147-1 Intervenors Motion for Summary J
An excerpt:
This case arises out of the proposed renewal of operations at the Canyon Mine in Northern Arizona. The Canyon Mine is a breccia pipe uranium mine located six miles south of Grand Canyon National Park, in the Kaibab National Forest, and four miles north of Red Butte, a culturally and religiously significant site for the Havasupai and other tribes.
Colorado River Indian Tribes Sue Interior over Modified Blythe Solar Power Project
Here is the complaint in Colorado River Indian Tribes v. Dept. of Interior (C.D. Cal.):
An excerpt:
This complaint challenges the actions of Defendants U.S. Department of Interior, U.S. Bureau of Land Management, and their officials (collectively, “BLM” or “Defendants”) in approving the Modified Blythe Solar Power Project (“Blythe II” or “Project”), a utility-scale solar energy generation facility slated for development on federal land northwest of Blythe, California. As set forth below, this Court has jurisdiction over this action because it presents questions of federal law, involves federal defendants, and involves a federally recognized Indian tribe as plaintiff in a suit against federal defendants. 28 U.S.C. §§ 1331, 1361, 1362.
The Project site is located within the ancestral homelands of the members of the Colorado River Indian Tribes (“CRIT” or “Tribes”), whose reservation begins just a few miles northeast of the site. The religion and culture of CRIT’s members are strongly connected to the physical environment of the area, including the ancient trails, petroglyphs, grindstones, hammerstones, and other cultural resources known to exist there. The removal or destruction of these artifacts and the development of the Project as planned will cause CRIT, its government, and its members irreparable harm.
White Earth Nation v. Kerry — NEPA Challenge to International Pipeline
Here is the complaint, filed in the District of Minnesota:
Nez Perce Tribe Dues over Federal Mine Approval
Here is the complaint in Idaho Conservation League v. USFS (D. Idaho):
An excerpt:
Plaintiffs Idaho Conservation League and Nez Perce Tribe challenge the U. S. Forest Service’s approval of the Golden Meadows Exploration Project (Project) for violations of the National Environmental Policy Act (NEPA). The Project is a three-year mineral exploration project on the Payette and Boise National Forests in Valley County, Idaho, proposed by Canadian mining company Midas Gold, Inc. (MGI).
Environmentalist Groups Challenge to Ocotillo Wind Energy Project Fails
Here are the materials in Protect our Communities Foundation v. Salazar (S.D. Cal.):
25-1 Protect Our Communities Motion for Summary J
41 DCT Order Granting Summary J for Government
Materials on the Quechan Tribe’s efforts are here.
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