Colorado River Indian Tribes, a federally recognized Indian Tribe v. United States Department of the Interior; Sally Jewell, in her official capacity as Secretary of the Interior; United States Bureau of Land Management; Neil Kornze, in his official capacity as Director of Bureau of Land Management; James G. Kenna, in his official capacity as Calif
Published: Nov. 28, 2015 | Result Date: Sep. 15, 2015 | Filing Date: Jan. 1, 1900 |Case number: 5:14-cv-02504-JAK-SP Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Winter King
(Shute, Mihaly & Weinberger LLP)
Defendant
Kristopher S. Davis
(Faegre Drinker Biddle & Reath LLP)
Erin E. McCracken
(Berger & Hipskind LLP)
Paul M. Gelb
(Munck Wllson Mandala LLP)
Facts
Plaintiffs are members of the Colorado River Indian Tribes, which includes the Mohave, Chemehuevi, Navajo and Hopi peoples. Plaintiffs brought an action against the U.S. Dept. of the Interior and various others, seeking declaratory and injunctive relief for alleged violations of the Administrative Procedure Act, the National Historic Preservation Act, the National Environmental Policy Act and the Federal Land Policy and Management Act.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that defendants' approval of the Modified Blythe Solar Power Project violated the law because they conducted no government-to-government consultation with plaintiffs prior to approval of the Project. Plaintiffs also claimed defendants permitted ground disturbing activities before cultural resource monitoring or treatment plans were in place, the environmental impact statement was inadequate and the Project itself was inconsistent with land use designations adopted under federal law.
Result
The court granted summary judgment in defendants' favor and dismissed the case with prejudice.
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