NKIHTAQMIKON v. IMPSON

No. 08-2122.

585 F.3d 495 (2009)

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

United States Court of Appeals, First Circuit.

Decided October 28, 2009.


Attorney(s) appearing for the Case

Teresa B. Clemmer, Environmental and Natural Resources Law Clinic, Vermont Law School, with whom David K. Mears, Environmental and Natural Resources Law Clinic, Vermont Law School, was on brief for appellants.

John L. Smeltzer, Department of Justice, Environment & Natural Resources Division, with whom John C. Cruden, Acting Assistant Attorney General, Sara E. Costello, M. Alice Thurston, Department of Justice, Environment & Natural Resources Division, and John Harrington, Assistant Regional Solicitor, Department of the Interior, Office of the Solicitor, were on brief for appellees.

Before TORRUELLA, RIPPLE, and BOUDIN, Circuit Judges.


BOUDIN, Circuit Judge.

This appeal is the second in continuing litigation by a group of members of the Passamaquoddy Tribe called Nulankeyutmonen Nkihtaqmikon—the phrase means "We Protect the Homeland," and we refer to the group as NN—to challenge a Bureau of Indian Affairs ("BIA") decision; the decision approved a lease of a plot of Passamaquoddy land for the construction and operation of a liquefied natural gas ("LNG") facility, contingent on federal...

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