SLOCKISH v. U.S. FEDERAL HIGHWAY ADMIN.

No. CV-08-1169-ST.

664 F.Supp.2d 1192 (2009)

Hereditary Chief Wilbur SLOCKISH, a resident of Washington, individually and as Hereditary Chief of the Klickitat/Cascade Tribe; The Klickitat/Cascade Tribe, a confederated tribe of the Yakama Indian Nation; Chief Johnny Jackson, a resident of Washington, individually and as Chief of the Cascade Tribe; The Cascade Tribe, a confederated tribe of the Yakama Indian Nation; Carol Logan, a resident of Oregon; Cascade Geographic Society, an Oregon nonprofit corporation; and Mount Hood Sacred Lands Preservation Alliance, an unincorporated nonprofit association, Plaintiffs, v. UNITED STATES FEDERAL HIGHWAY ADMINISTRATION, an Agency of the Federal Government; United States Bureau of Land Management, an Agency of the Federal Government; Advisory Council on Historic Preservation, an Agency of the Federal Government; and Matthew Garrett, Director of the Oregon Department of Transportation, an Agency of the State of Oregon, Defendants.

United States District Court, D. Oregon.

October 13, 2009.


Attorney(s) appearing for the Case

James J. Nicita, Oregon City, OR, for Plaintiffs.

John Clinton Geil, Department of Justice, Sarah D. Foreman, Oregon Department of Justice, Matthew J. Donohue, State of Oregon, Salem, OR, for Defendants.


OPINION AND ORDER

STEWART, United States Magistrate Judge:

INTRODUCTION

This case involves the U.S. Highway 26 Wildwood-Wemme highway widening project ("Wildwood-Wemme project" or "the project") near Mt. Hood, Oregon, which was substantially completed in 2008. Plaintiffs consist of individuals and organizations who seek to preserve, protect, and rehabilitate Native American sacred and cultural sites and historical and archaeological resources...

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