Confederated Tribes and Bands of The Yakama Nation v. U.S. Fish and Wildlife Service et al
| Confederated Tribes and Bands of The Yakama Nation |
| United States Fish and Wildlife Service, Robyn Thorson, Charles Stenvall and Larry Klimek |
| 1:2014cv03052 |
| April 22, 2014 |
| US District Court for the Eastern District of Washington |
| Yakima Office |
| Yakima |
| Thomas O. Rice |
| Review or Appeal of Agency Decision |
| 05 U.S.C. ยง 551 |
| None |
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Filing
60
ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT. Umatilla Tribes Motion for Summary Judgment ECF No. 49 and Yakama Nations Cross-Motion for Summary Judgment on the Record ECF No. 50 are GRANTED in part. The Services Section 106 finding of no adverse effect is set aside as arbitrary and capricious or otherwise without observance of procedures required by law and this matter is remanded. The Service must reopen consultation with each affected Tribe in accordance with relevant provisions of Title 5 4, United States Code (NHPAs successor statute) and any applicable regulations. The Defendants are prohibited from implementing the wildflower tour undertaking without first complying with these requirements. United States Cross-Motion for Summary Judgment and Combined Response to Plaintiff and Plaintiff-Intervenors Motions for Summary Judgment ECF No. 52 is DENIED. The file is CLOSED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)
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Filing
25
ORDER DENYING PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER. Plaintiffs Motion for a Temporary Restraining Order ECF No. 6 is DENIED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)
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