NEPA – Page 5 – Turtle Talk

Winnemem Wintu Tribe’s Cultural Property Claims Largely Dismissed

July 20, 2010Matthew L.M. Fletcher1 Comment

Here is the opinion in Winnemem Wintu Tribe v. DOI (E.D. Cal.): Winnemem Wintu Tribe v. DOI

Te-Moak Shoshone Tribe Forces Reconsideration of BLM Approval of Cortez Gold Mines

June 23, 2010Matthew L.M. Fletcher2 Comments

Here is the Ninth Circuit’s opinion in Te-Moak Tribe of Shoshone Indians v. DOI.

An excerpt:

Te-Moak Tribe of Western Shoshone of Nevada, a federally-recognized Indian tribe (“the Tribe”), the Western Shoshone Defense Project (“WSDP”), and Great Basin Mine Watch (“GBMW”) (collectively, “Plaintiffs”) appeal the district court’s denial of their motion for summary judgment, and the grant of summary judgment to the Department of the Interior (“DOI”), the Bureau of Land Management (“BLM”), several officers of the BLM, and intervenor Cortez Gold Mines, Inc. (“Cortez”) (collectively, “Defendants”). Plaintiffs contend that the BLM’s approval of Cortez’s amendment to a plan of operations for an existing mineral exploration project in Nevada violated the National Environmental Policy Act (“NEPA”), the National Historic Preservation Act (“NHPA”), and the Federal Land Policy and Management Act (“FLPMA”). We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm the district court with respect to Plaintiffs’ NHPA and FLPMA claims, and we reverse and remand for further proceedings with respect to one of their NEPA claims.

Environmental Challenge at Navajo Mine Continues

October 2, 2009October 2, 2009Matthew L.M. Fletcher

Here is the opinion in this NEPA claim (D. Colo.) — Dine Citizens against Ruining Our Environment v Klein

An excerpt:

This action concerns alleged violations of the National Environmental Protection Act (“NEPA”), 42 U.S.C. § 4321 et seq., and the Administrative Procedures Act (“APA”), 5 U.S.C. § 701 et seq., by the Department of Interior’s Office of Surface Mining Reclamation and Enforcement (“OSM”) in connection with OSM’s permitting of mining and related operations at the Navajo Mine. It is before me on the motion to dismiss or to transfer venue filed by OSM and Al Klein, its Western Regional Director, (collectively “Federal Defendants”) and separate motions to dismiss filed by intervenors Arizona Public Service Company (“APS”) and BHP Navajo Coal Company (“BHP”). Having carefully considered the motions, related briefing, and all applicable legal authorities, and being fully advised in the premises, I deny the motions in part and grant them in part.

D.C. Circuit Halts Plans for Off-Shore Oil Drilling in Alaska

April 18, 2009April 18, 2009Matthew L.M. Fletcher

Here is the opinion in Center for Biological Diversity v. Dept. of Interior. Here is the brief for the Native Village of Point Hope — native-village-of-point-hope-reply-brief

An excerpt:

In August 2005, the United States Department of Interior (Interior) began the formal administrative process to expand leasing areas within the Outer Continental Shelf (OCS) for offshore oil and gas development between 2007 and 2012. This new five-year Leasing Program included an expansion of previous lease offerings in the Beaufort, Bering, and Chukchi Seas off the coast of Alaska. Petitioners filed independent petitions for review challenging the approval by the Secretary of the Interior (Secretary) of this Leasing Program on various grounds. Specifically, Petitioners argue that: (1) the Leasing Program violates both the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. §§ 1331-1356a, and the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321-4370f, because Interior failed to take into consideration both the effects of climate change on OCS areas and the Leasing Program’s effects on climate change (the climate change claims); (2) the Leasing Program also violates both OCSLA and NEPA because Interior approved the Program without conducting sufficient biological baseline research for the three Alaskan seas, and further failed to provide a research plan detailing how it would obtain this baseline data before the next stage of the Program; (3) Interior violated the Endangered Species Act of 1973(ESA), 16 U.S.C. §§ 1531-1544, by failing to consult with either the U.S. Fish and Wildlife Service (Fish and Wildlife) or the National Marine Fisheries Service (NMFS) about potential harm to endangered species in the OCS planning areas before it adopted the Leasing Program; and (4) the Leasing Program violates OCSLA because it irrationally relied on an insufficient study by the National Oceanographic and Atmospheric Administration (the NOAA study) in assessing the environmental sensitivity of the OCS planning areas in the Leasing Program. We hold that Petitioners’ NEPA-based climate change claim, Petitioners’ NEPA baseline data claim, and Petitioners’ ESA claim are not yet ripe for review. We therefore dismiss the petition with respect to these claims.

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Court Approves EIS in Southern Ute Natural Resources Development Project

April 3, 2009Matthew L.M. Fletcher

Here is the opinion in San Juan Citizens Alliance v. Salazar, a NEPA case out of the District of Colorado — san-juan-citizens-alliance-v-salazar-dct-order

And an earlier opinion in the same case.

Challenge to Ho-Chunk Trust Acquisition Rejected

June 3, 2008Matthew L.M. Fletcher

In Sauk County v. Dept. of Interior, the Western District of Wisconsin rejected NEPA and constitutional challenges to the Department’s decision to take land into trust (non-gaming purposes) for the benefit of the Ho-Chunk Nation.

sauk-county-v-doi-dct-opinion

Snowbowl En Banc Materials

December 4, 2007Matthew L.M. Fletcher1 Comment

Indianz.com published the rehearing petitions from the US and the Arizona Snowbowl operators and the oppositions from the Hualapai, Navajo, and Hopi tribes all in one document, here.

Our previous post on this case, with all the materials from the earlier 9th Circuit proceedings (again courtesy of Indianz) is here.

Huron Nottawaseppi Declaration of Reservation

November 13, 2007Matthew L.M. Fletcher

The Department of Interior took the Sackrider parcel into trust and declared it reservation land. Here’s the Federal Register notice.

The DC Circuit’s decision in CETAC v. Kempthorne cleared the way to this decision. Here are those materials:

DC Circuit Opinion

Tribe’s Brief

Federal Brief

Michigan Amicus Brief

[CETAC’s briefs will be posted when I find them.]

St. Regis Mohawk Suit re: Delay in Fee to Trust Decision

November 4, 2007Matthew L.M. Fletcher

In a case where the Department of Interior issued a FONSI in 2006 and the Governor of New York concurred in the trust acquisition (for gaming purposes) shortly thereafter, Secretary Kempthorne still has not taken action. So, the St. Regis Mohawk tribe sued, alleging that the only reason for the delay is Secretary Kempthorne’s “personal views opposing off-reservation gaming.”

This will be an interesting case to watch.