NARRAGANSETT INDIAN TRIBE v. RI DEPT. OF TRANSP

No. 17-1951.

903 F.3d 26 (2018)

NARRAGANSETT INDIAN TRIBE, acting by and through the Narragansett Indian Tribal Historic Preservation Office, Plaintiff, Appellant, v. RHODE ISLAND DEPARTMENT OF TRANSPORTATION; Federal Highway Administration; Advisory Council on Historic Preservation; Rhode Island Historical Preservation and Heritage Commission, Defendants, Appellees.

United States Court of Appeals, First Circuit.

August 30, 2018.


Attorney(s) appearing for the Case

William P. Devereaux , with whom Pannone Lopes Devereaux & O'Gara LLC, Johnston, RI, was on brief, for appellant.

Mariana E. Ormonde , Special Assistant Attorney General, with whom Peter F. Kilmartin , Attorney General, and Neil F.X. Kelly , Assistant Attorney General, were on brief, for Rhode Island appellees.

Michael T. Gray , Attorney, Appellate Section, Environment and Natural Resources Division, United States Department of Justice, with whom Jeffrey H. Wood , Acting Assistant Attorney General, and Eric Grant , Deputy Assistant Attorney General, were on brief, for federal appellees.

Before Torruella, Kayatta, and Barron, Circuit Judges.


The Narragansett Indian Tribe (the "Tribe") appeals the district court's dismissal of its complaint against a handful of federal and Rhode Island agencies concerning a highway bridge reconstruction over historic tribal land. At base, the Tribe contends that the state of Rhode Island broke a promise made to the Tribe. Because...

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