RECENT FEDERAL DECISIONS

January 2007

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Ninth Circuit Blocks Energy Development on Federal Land of Significance to Indian Tribe Because Federal Agencies Failed to Take ‘Hard Look’ at Project’s Impact
Pit River Tribe, et al. v. U.S. Forest Service, et al. ___F.3d___

The Ninth Circuit Court of Appeals recently held federal agencies violated their statutory and fiduciary duties by failing to complete an environmental impact statement (EIS) before extending a power company’s lease on federal land of spiritual and cultural significance to Indian tribes. The court ordered the lease extension at issue in the case and a subsequent lease extension undone.