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Case Summary Citation

615 F.3d 1069 (9th Cir. Aug. 2, 2010)

Abstract

The Pit River Tribe of northern California sued the U.S. Forest service for not conducting a full environmental impact statement on a proposed natural gas plant near a sacred site. The Ninth Circuit Court of Appeals ruled that a district court‟s remand order to a Forest Service administrative panel did not constitute a final decision by a court and therefore the order itself was not subject to appellate review. Furthermore, the Court held that where a gas lease was extended past its original terms and the extension was later rejected because it violated NEPA, the lessee had a right to reclaim the original lease and was not subject to an open bid process.

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