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NULANKEYUTMONEN NKIHTAQMIKON v. IMPSON

No. 06-2733.

503 F.3d 18 (2007)

NULANKEYUTMONEN NKIHTAQMIKON, David Moses Bridges, Vera J. Francis, Hilda Lewis, Deanna Francis, Reginald Joseph Stanley, Mary Bassett, Plaintiffs, Appellants, v. Robert K. IMPSON, Acting Regional Director, Eastern Region, Bureau of Indian Affairs; Gale Norton, Secretary of the Interior, United States Department of the Interior, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 14, 2007.

Attorney(s) appearing for the Case

Patrick A. Parenteau, with whom Justin E. Kolber and David K. Mears, of the Environmental and Natural Resources Law Clinic, Vermont Law School, were on brief, for appellants.

M. Alice Thurston, Attorney, Environment and Natural Resources Division, U.S. Department of Justice, with whom Matthew J. McKeown, Acting Assistant Attorney General, Caroline M. Blanco, Sara E. Culley, Rebecca J. Riley, Elizabeth Ann Peterson, John Harrington Assistant Regional Solicitor, Department of the Interior, and Stephen L. Simpson, Assistant Solicitor for Trust Responsibility, Department of the Interior, were on brief, for appellees.

Before TORRUELLA and LIPEZ, Circuit Judges, and FUSTÉ, District Judge.

TORRUELLA, Circuit Judge.

This appeal arises from the Bureau of Indian Affairs ("BIA") approval of a lease of Passamaquoddy tribal land to a developer who wishes to construct a Liquified Natural Gas ("LNG") terminal in part on that land. Nulankeyutmonen Nkihtaqmikon1 ("NN"), a group of tribe members who oppose construction of the LNG terminal, and several individual tribe members (collectively, "Plaintiffs") challenge the district court...

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