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Muckleshoot Indian Tribe v. U.S. Forest Service

Citations: 177 F.3d 800; 99 Cal. Daily Op. Serv. 3724; 99 Daily Journal DAR 4767; 29 Envtl. L. Rep. (Envtl. Law Inst.) 21168; 48 ERC (BNA) 1777; 1999 U.S. App. LEXIS 9684; 1999 WL 317104Docket: Nos. 98-35043, 98-35231

Court: Court of Appeals for the Ninth Circuit; May 19, 1999; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by the Muckleshoot Indian Tribe and environmental groups against a district court's summary judgment in favor of a land exchange between the U.S. Forest Service and Weyerhaeuser Company. The plaintiffs allege violations of the National Historic Preservation Act (NHPA) and the National Environmental Policy Act (NEPA). The exchange, finalized in March 1998, involved the transfer of federally owned old-growth forest lands, significant to the Tribe's cultural heritage, in exchange for lands owned by Weyerhaeuser. The appellate court, reviewing the case de novo, found that the Forest Service failed to comply with NHPA requirements by not adequately consulting with the Tribe and other relevant parties about the impact on historic sites. Furthermore, the court determined that the Forest Service's Environmental Impact Statement (EIS) did not sufficiently analyze cumulative impacts or alternatives, thus violating NEPA. As a result, the court reversed the district court's decision and remanded the case for further proceedings, issuing an injunction to halt any further activities related to the exchange until statutory obligations under NHPA and NEPA are met.

Legal Issues Addressed

Injunction and Remand

Application: The court issued an injunction prohibiting further activities related to the exchange until the Forest Service complies with NHPA and NEPA, and remanded the case for further proceedings.

Reasoning: An injunction is imposed to halt any further activities related to the Huckleberry Mountain Exchange Agreement until the Forest Service fulfills its obligations under the National Historic Preservation Act (NHPA) and National Environmental Policy Act (NEPA).

Jurisdiction and Standard of Review

Application: The appellate court has jurisdiction under 28 U.S.C. 1291 and reviews the case de novo because it was decided on a summary judgment motion.

Reasoning: The Court has jurisdiction under 28 U.S.C. 1291 and has reversed the district court's decision.

Mootness of Appeal

Application: The completion of the land exchange does not moot the appeal because the court has the authority to void the transaction if necessary.

Reasoning: The court emphasized that property transactions do not automatically moot cases and cited precedent allowing for the voiding of such transactions if warranted.

National Environmental Policy Act (NEPA) Compliance

Application: The Forest Service violated NEPA by not sufficiently analyzing cumulative environmental impacts and failing to consider a reasonable range of alternatives for the land exchange.

Reasoning: The Forest Service violated the National Environmental Policy Act (NEPA) by not adequately considering a range of alternatives for a proposed land exchange, as argued by the Societies.

National Historic Preservation Act (NHPA) Compliance

Application: The Forest Service failed to fulfill its obligations under NHPA by not adequately engaging in consultation with the Tribe and SHPO regarding historic properties affected by the exchange.

Reasoning: The Tribe's NHPA claims can be categorized into three issues: inadequate consultation regarding traditional cultural properties, insufficient mitigation of impacts on culturally significant sites, and failure to nominate certain sites to the National Register.