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PUEBLO OF SANDIA v. U.S.

No. 93-2188.

50 F.3d 856 (1995)

PUEBLO OF SANDIA, Sandoval Environmental Action Community, Earth First!, Sandia Mountain Wildlife & Conservation Association, Sierra Club, Wildlife Rescue of New Mexico, Inc., Plaintiffs-Appellants v. UNITED STATES of America, C. Phil Smith, Cibola National Forest Supervisor, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 14, 1995.

Attorney(s) appearing for the Case

Eric Ames (Grove T. Burnett with him on the briefs), of Burnett Law Firm, Santa Fe, NM, for plaintiffs-appellants.

Andrea Nervi Ward, Attorney, Dept. of Justice, Washington, DC (Myles E. Flint, Deputy Asst. Atty. Gen., Washington, DC, John J. Kelly, U.S. Atty., and John W. Zavitz, Asst. U.S. Atty., Albuquerque, NM, J. Carol Williams, Attorney, Dept. of Justice, Washington, DC, and Mary Ann Joca, U.S. Dept. of Agr., Albuquerque, NM, of counsel, with her on the brief), for defendants-appellees.

Before SEYMOUR, Chief Judge, LOGAN, Circuit Judge, and DAUGHERTY, District Judge.

SEYMOUR, Chief Judge.

The Pueblo of Sandia and various environmental groups brought suit for declaratory and injunctive relief against the United States and a National Forest Service supervisor, alleging that the Forest Service failed to comply with the National Historic Preservation Act (NHPA), 16 U.S.C. §§ 470 et seq., in its evaluation of Las Huertas Canyon in the Cibola National Forest. The Pueblo asserts that the New Mexico canyon contains numerous...

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