Case: Native Village of Hooper Bay v. Doug Burgum

3:25-cv-00316 | U.S. District Court for the District of Alaska

Filed Date: Nov. 12, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This complaint challenged the Department of the Interior’s approval of a land exchange intended to enable construction of a road through the Izembek National Wildlife Refuge. On November 12, 2025, three Alaska Native Tribes—the Native Village of Hooper Bay, Native Village of Paimiut, and Chevak Native Village—together with the Center for Biological Diversity, filed this action in the U.S. District Court for the District of Alaska against Secretary of the Interior Doug Burgum, the Department of …

This complaint challenged the Department of the Interior’s approval of a land exchange intended to enable construction of a road through the Izembek National Wildlife Refuge.

On November 12, 2025, three Alaska Native Tribes—the Native Village of Hooper Bay, Native Village of Paimiut, and Chevak Native Village—together with the Center for Biological Diversity, filed this action in the U.S. District Court for the District of Alaska against Secretary of the Interior Doug Burgum, the Department of the Interior, the Fish and Wildlife Service, the Bureau of Land Management, and King Cove Corporation. The complaint challenged an October 2025 land exchange in which Interior transferred approximately 490 acres of federal public lands—484 acres inside the Izembek National Wildlife Refuge and largely designated Wilderness—to King Cove Corporation to establish an 18.9-mile road corridor between King Cove and Cold Bay. Plaintiffs alleged the road would harm Izembek’s internationally important eelgrass ecosystem, diminish populations of black brant, emperor geese, and cackling geese relied on for subsistence, and injure ESA-listed Steller’s eiders, northern sea otters, and their critical habitat.

The complaint asserted that DOI violated ANILCA § 810 by failing to adequately evaluate or avoid significant restrictions on subsistence uses, failing to consider less harmful alternatives, and failing to hold required subsistence hearings in the Yukon–Kuskokwim Delta communities most affected. Plaintiffs also alleged that Defendants unlawfully bypassed ANILCA Title XI, the exclusive process for authorizing transportation routes through Alaska conservation lands and Wilderness. WL 3187710. Plaintiffs further argued that ANILCA § 1302(h) could not authorize the exchange because that provision permitted land swaps only when they furthered ANILCA’s conservation and subsistence purposes, not the broader “economic and social needs” relied upon by the Secretary. They also alleged NEPA and ESA violations in light of Defendants' failure to conduct an environmental review before approving the exchange. Plaintiffs sought attorneys fees and declaratory and injunctive relief vacating the land exchange, the land patent to King Cove Corporation, the ANILCA § 810 analysis, the ESA biological opinion, and requested that the court bar any action enabling road construction until the agencies complied with federal law.

The case remains ongoing.

Summary Authors

Jack Buckfire (12/12/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71903568/parties/native-village-of-hooper-bay-v-doug-burgum/


Judge(s)

Gleason, Sharon Louise (Alaska)

Attorney for Plaintiff

Goska, Marlee (Alaska)

Noblin, Rebecca Lynn (Alaska)

Attorney for Defendant

Clark, James Francis (Alaska)

Documents in the Clearinghouse

Documents in this case
1

3:25-cv-00316

Complaint for Declaratory and Injunctive Relief

Nov. 12, 2025

Nov. 12, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71903568/native-village-of-hooper-bay-v-doug-burgum/

Last updated Aug. 21, 2026, 3:50 a.m.

Docket for: Native Village of Hooper Bay v. Doug Burgum
ECF Number Date Description Link
1 Nov. 12, 2025

COMPLAINT against Sara Boario, Doug Burgum, King Cove Corporation, Kevin Pendergast, U.S. Bureau of Land Management, U.S. Department of the Interior, U.S. Fish and Wildlife Service ( Filing fee $ 405 receipt number AAKDC-3860517.), filed by Chevak Native Village, Native Village of Hooper Bay, Native Village of Paimiut, Center for Biological Diversity.(Goska, Marlee) (Entered: 11/12/2025)

Clearinghouse
2 Nov. 12, 2025

Civil Cover Sheet. (Goska, Marlee) (Entered: 11/12/2025)

RECAP
3 Nov. 12, 2025

Clerk's Notice: Pursuant to the system of random case assignment, this case has been assigned to the Honorable Chief District Judge Sharon L. Gleason. Please use the following case number for all future filings 3:25-cv-00316-SLG. (JDV, COURT STAFF) (Entered: 11/12/2025)

RECAP
4 Nov. 12, 2025

Unissued summons re Defendant U.S. Dept. of Interior, (Attachments: # 1 U.S. Attorney, District of Alaska, # 2 Kevin Pendergast, # 3 U.S. Bureau of Land Management, # 4 U.S. Fish and Wildlife Service, # 5 U.S. Attorney General, # 6 Sara Boario, # 7 King Cove Corporation, # 8 Doug Burgum) (JDV, COURT STAFF) (Entered: 11/12/2025)

RECAP
5 Nov. 12, 2025

Corporate Disclosure Statement by Center for Biological Diversity, Chevak Native Village, Native Village of Hooper Bay, Native Village of Paimiut. (Goska, Marlee) (Entered: 11/12/2025)

RECAP
Nov. 12, 2025

1 - Summons Issued as to USA

Nov. 12, 2025

Clerks Notice

Nov. 12, 2025

Summons Issued as to USA

Nov. 12, 2025

Summons Issued as to Sara Boario, Doug Burgum, King Cove Corporation, Kevin Pendergast, U.S. Bureau of Land Management, U.S. Department of the Interior, U.S. Fish and Wildlife Service, U.S. Attorney and U.S. Attorney General (JDV, COURT STAFF)

6 Nov. 19, 2025

NOTICE of Related Cases by Center for Biological Diversity, Chevak Native Village, Native Village of Hooper Bay, Native Village of Paimiut (Goska, Marlee) (Entered: 11/19/2025)

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7 Nov. 27, 2025

NOTICE of Appearance by James Francis Clark on behalf of King Cove Corporation (Clark, James) (Entered: 11/27/2025)

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8 Jan. 5, 2026

NOTICE of Appearance by Michael S. Sawyer on behalf of Sara Boario, Doug Burgum, Kevin Pendergast, U.S. Bureau of Land Management, U.S. Department of the Interior, U.S. Fish and Wildlife Service (Sawyer, Michael) (Entered: 01/05/2026)

RECAP
9 Jan. 5, 2026

Consent MOTION Seeking Leave of the Obligation to File an Answer and Adopt Proposed Case Management Order by Sara Boario, Doug Burgum, Kevin Pendergast, U.S. Bureau of Land Management, U.S. Department of the Interior, U.S. Fish and Wildlife Service. (Attachments: # 1 Proposed Order)(Sawyer, Michael) (Entered: 01/05/2026)

1 Proposed Order

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RECAP
10 Jan. 6, 2026

NOTICE of Appearance by Rickey Doyle Turner, Jr on behalf of Sara Boario, Doug Burgum, Kevin Pendergast, U.S. Bureau of Land Management, U.S. Department of the Interior, U.S. Fish and Wildlife Service (Turner, Rickey) (Entered: 01/06/2026)

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11 Jan. 7, 2026

ORDER granting 9 Motion Seeking Leave of the Obligation to File an Answer and Adopt Proposed Case Management Order. Administrative record due by 1/16/2026. Opening brief due by 2/20/2026. See Order for additional details. Signed by Judge Sharon L. Gleason on 1/7/2026. (JDS, COURT STAFF) (Entered: 01/07/2026)

RECAP
12 Jan. 8, 2026

AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Rule 7.1 Disclosure Statement served on Secretary of Interior Burgum, US Dept of the Interior, BLM Director Pendergast, Bureau of Land Management, FWS AK Regional Director Boario, US Fish and Wildlife Service, US Attny AK, US Attorney General, King Cove Corporation on Burgum, Interior, BLM - 11/26/25; US Attny - 11/28/25; Boario - 12/2/25; Pendergast - 12/5/25; King Cove - 12/9/25; AG - 12/11/25; FWS 1/7/26, filed by Center for Biological Diversity, Chevak Native Village, Native Village of Hooper Bay, Native Village of Paimiut. (Noblin, Rebecca) (Entered: 01/08/2026)

RECAP
13 Jan. 16, 2026

NOTICE of Conventional Filing of Administrative Records on Electronic Media by Sara Boario, Doug Burgum, Kevin Pendergast, U.S. Bureau of Land Management, U.S. Department of the Interior, U.S. Fish and Wildlife Service (Attachments: # 1 Affidavit of Bobbie Jo Skibo, # 2 Exhibit 1 (Volume 1 of 2), # 3 Exhibit 1 (Volume 2 of 2), # 4 Exhibit 2 (Volume 1 of 2), # 5 Exhibit 2 (Volume 2 of 2), # 6 Exhibit 3)(Sawyer, Michael) (Entered: 01/16/2026)

RECAP
Jan. 22, 2026

One Thumb Drive received re 13 and forwarded to Judge Gleason's chambers. (BJK, COURT STAFF)

Jan. 22, 2026

Docket Annotation

14 Feb. 3, 2026

MOTION to Intervene Unopposed by State of Alaska Dept of Transportation & Public Facilities. (Attachments: # 1 Proposed Order)(Angell, Sarah) (Entered: 02/03/2026)

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15 Feb. 9, 2026

ORDER granting 14 Unopposed Motion to Intervene. The State of Alaska is hereby admitted into this litigation as an intervenor-defendant. Signed by Judge Sharon L. Gleason on 2/9/2026. (JDS, COURT STAFF) (Entered: 02/09/2026)

RECAP
16 Feb. 20, 2026

MOTION for Summary Judgment by Center for Biological Diversity, Chevak Native Village, Native Village of Hooper Bay, Native Village of Paimiut. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G)(Noblin, Rebecca) (Entered: 02/20/2026)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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6 Exhibit Exhibit F

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7 Exhibit Exhibit G

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RECAP
17 March 23, 2026

Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment, 11 Order,, Terminate Motions,, Set Deadlines, by Sara Boario, Doug Burgum, Kevin Pendergast, U.S. Bureau of Land Management, U.S. Department of the Interior, U.S. Fish and Wildlife Service. (Attachments: # 1 Proposed Order)(Sawyer, Michael) (Entered: 03/23/2026)

RECAP
18 March 24, 2026

NOTICE of Appearance by Jennifer A Sundook on behalf of Sara Boario, Doug Burgum, Kevin Pendergast, U.S. Bureau of Land Management, U.S. Department of the Interior, U.S. Fish and Wildlife Service (Sundook, Jennifer) (Entered: 03/24/2026)

RECAP
19 March 24, 2026

ORDER granting 17 Unopposed Motion to Extend Briefing Deadlines. Responses due by 4/6/2026. Replies due by 4/20/2026. Signed by Judge Sharon L. Gleason on 3/24/2026. (JDS, COURT STAFF) (Entered: 03/24/2026)

RECAP
20 April 6, 2026

REPLY to Response to Motion re 16 MOTION for Summary Judgment filed by King Cove Corporation. (Clark, James) (Entered: 04/06/2026)

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21 April 6, 2026

RESPONSE in Opposition re 16 MOTION for Summary Judgment and State of Alaska's Motion for Summary Judgment filed by State of Alaska Dept of Transportation & Public Facilities. (Attachments: # 1 Exhibit EXHIBIT A, # 2 Exhibit EXHIBIT B, # 3 Exhibit EXHIBIT C, # 4 Exhibit EXHIBIT D, # 5 Exhibit EXHIBIT E, # 6 Exhibit EXHIBIT F)(Angell, Sarah) (Entered: 04/06/2026)

1 Exhibit EXHIBIT A

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2 Exhibit EXHIBIT B

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3 Exhibit EXHIBIT C

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4 Exhibit EXHIBIT D

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5 Exhibit EXHIBIT E

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6 Exhibit EXHIBIT F

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RECAP
22 April 6, 2026

RESPONSE in Opposition re 16 MOTION for Summary Judgment filed by Sara Boario, Doug Burgum, Kevin Pendergast, U.S. Bureau of Land Management, U.S. Department of the Interior, U.S. Fish and Wildlife Service. (Attachments: # 1 Errata to Biological Opinion, # 2 Affidavit of Diana Biesanz, # 3 Exhibit 1 - Isanotski Exchange, # 4 Exhibit 2 - Nunakauiak Yupik Exchange, # 5 Exhibit 3 - Chefarnrmute Exchange, # 6 Exhibit 4 - Shumagin Exchange, # 7 Exhibit 5 - Akutan Exchange, # 8 Exhibit 6 - Napaskiak Exchange, # 9 Exhibit 7 - Oceanside Exchange, # 10 Exhibit 8 - Sea Lion Exchanges, # 11 Exhibit 9 - NIMA 2013 Exchange, # 12 Exhibit 10 - Chevak Exchange, # 13 Exhibit 11 - Askinuk Exchange, # 14 Exhibit 12 - NIMA 2017 Exchange)(Sawyer, Michael) (Entered: 04/06/2026)

RECAP
23 April 13, 2026

MOTION for Judicial Notice re 22 Response in Opposition to Motion,,, by Sara Boario, Doug Burgum, Kevin Pendergast, U.S. Bureau of Land Management, U.S. Department of the Interior, U.S. Fish and Wildlife Service. (Attachments: # 1 Proposed Order)(Sawyer, Michael) (Entered: 04/13/2026)

RECAP
24 April 20, 2026

REPLY to Response to Motion re 16 MOTION for Summary Judgment filed by Center for Biological Diversity, Chevak Native Village, Native Village of Hooper Bay, Native Village of Paimiut. (Noblin, Rebecca) (Entered: 04/20/2026)

RECAP
25 April 20, 2026

MOTION for Leave to File Excess Pages Unopposed by Center for Biological Diversity, Chevak Native Village, Native Village of Hooper Bay, Native Village of Paimiut. (Attachments: # 1 Proposed Order)(Noblin, Rebecca) (Entered: 04/20/2026)

RECAP
26 April 21, 2026

SLG TEXT ORDER: Plaintiffs' Unopposed Motion to File Overlength Reply at Docket 25 is GRANTED. Plaintiffs' Reply Brief at Docket 24 is ACCEPTED as filed. (JDV, COURT STAFF) (Entered: 04/21/2026)

RECAP
April 21, 2026

1 - Terminate Deadlines AND Order AND ~Util - Terminate Motions

27 April 23, 2026

ORDER ON JUDGE GLEASON'S CHAMBERS COPIES: The following filing is longer than 50 pages, and counsel is to provide the Court with chambers copies as soon as possible: 20 Reply to Response to Motion filed by King Cove Corporation. Signed by Judge Sharon L. Gleason on 4/23/2026. (ANM, COURT STAFF) (Entered: 04/23/2026)

RECAP
28 April 27, 2026

RESPONSE in Opposition re 23 MOTION for Judicial Notice re 22 Response in Opposition to Motion,,, filed by Center for Biological Diversity, Chevak Native Village, Native Village of Hooper Bay, Native Village of Paimiut. (Attachments: # 1 Proposed Order)(Goska, Marlee) (Entered: 04/27/2026)

RECAP
29 May 4, 2026

NOTICE of Filing Supplemental Administrative Record Documents by Sara Boario, Doug Burgum, Kevin Pendergast, U.S. Bureau of Land Management, U.S. Department of the Interior, U.S. Fish and Wildlife Service (Attachments: # 1 Supplemental Administrative Record Index, # 2 LE_045909, # 3 LE_045913, # 4 ES_105818, # 5 ES_105820, # 6 CO_280733, # 7 CO_280761)(Sawyer, Michael) (Entered: 05/04/2026)

RECAP
30 May 4, 2026

NOTICE of Filing Administrative Record Appendices by Sara Boario, Doug Burgum, Kevin Pendergast, U.S. Bureau of Land Management, U.S. Department of the Interior, U.S. Fish and Wildlife Service (Attachments: # 1 Volume 1, Part 1, # 2 Volume 1, Part 2, # 3 Volume 2, Part 1, # 4 Volume 2, Part 2, # 5 Volume 2, Part 3, # 6 Volume 3, # 7 Volume 4, Part 1, # 8 Volume 4, Part 2, # 9 Volume 4, Part 3, # 10 Volume 5, Part 1, # 11 Volume 5, Part 2, # 12 Volume 5, Part 3, # 13 Volume 6, Part 1, # 14 Volume 6, Part 2)(Sawyer, Michael) (Entered: 05/04/2026)

RECAP
31 May 4, 2026

REPLY to Response to Motion re 23 MOTION for Judicial Notice re 22 Response in Opposition to Motion,,, filed by Sara Boario, Doug Burgum, Kevin Pendergast, U.S. Bureau of Land Management, U.S. Department of the Interior, U.S. Fish and Wildlife Service. (Sawyer, Michael) (Entered: 05/04/2026)

RECAP
32 May 21, 2026

MOTION For a Decision by July 15, 2026 by Center for Biological Diversity, Chevak Native Village, Native Village of Hooper Bay, Native Village of Paimiut. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Goska, Marlee) (Entered: 05/21/2026)

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33 June 4, 2026

RESPONSE in Opposition re 32 MOTION For a Decision by July 15, 2026 filed by State of Alaska Dept of Transportation & Public Facilities. (Angell, Sarah) (Entered: 06/04/2026)

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34 June 12, 2026

MOTION for Leave to Appear Amicus Curae In Opposition to Plaintiffs' Motion for Summary Judgment by NANA Regional Corporation, Inc.. (Attachments: # 1 Proposed Order, # 2 Supplement Amicus Brief, # 3 Supplement Declaration)(Slottee, Christopher) (Entered: 06/12/2026)

RECAP
35 June 26, 2026

RESPONSE in Opposition re 34 MOTION for Leave to Appear Amicus Curae In Opposition to Plaintiffs' Motion for Summary Judgment filed by Center for Biological Diversity, Chevak Native Village, Native Village of Hooper Bay, Native Village of Paimiut. (Noblin, Rebecca) (Entered: 06/26/2026)

RECAP
36 July 6, 2026

REPLY in Support re 34 MOTION for Leave to Appear Amicus Curae In Opposition to Plaintiffs' Motion for Summary Judgment filed by NANA Regional Corporation, Inc.. (Slottee, Christopher) Modified on 7/14/2026 to edit dkt text (JDS, COURT STAFF). (Entered: 07/06/2026)

RECAP
37 July 10, 2026

NOTICE of CWA 404 Permit Authorizing Construction of the Izembek Road by Center for Biological Diversity, Chevak Native Village, Native Village of Hooper Bay, Native Village of Paimiut re 32 MOTION For a Decision by July 15, 2026 (Attachments: # 1 Exhibit A - Izembek 404 Permit)(Goska, Marlee) (Entered: 07/10/2026)

RECAP
38 July 15, 2026

ORDER denying 32 MOTION For a Decision by July 15, 2026. Defendant King Cove Corporation and Intervenor-Defendant the State of Alaska shall provide the Court with an anticipated construction timeline for the Izembek road by July 17, 2026. Signed by Judge Sharon L. Gleason on 7/15/2026. (ANM, COURT STAFF) (Entered: 07/15/2026)

RECAP
39 July 17, 2026

NOTICE NOTICE OF CWA 404 PERMIT ISSUANCE AND UPDATED CONSTRUCTION TIMELINE by State of Alaska Dept of Transportation & Public Facilities (Attachments: # 1 Exhibit CWA 404 Permit, # 2 Exhibit Permit EA)(Angell, Sarah) (Entered: 07/17/2026)

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40 July 20, 2026

NOTICE in Response to State of Alaska and King Cove Corporation's Notice of CWA 404 Permit Issuance and Updated Construction Timeline by Center for Biological Diversity, Chevak Native Village, Native Village of Hooper Bay, Native Village of Paimiut re 39 Notice (Other) (Noblin, Rebecca) (Entered: 07/20/2026)

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41 July 22, 2026

NOTICE in Response to Plaintiffs' Responsive Notices by Sara Boario, Doug Burgum, Kevin Pendergast, U.S. Bureau of Land Management, U.S. Department of the Interior, U.S. Fish and Wildlife Service re 40 Notice (Other), (Sawyer, Michael) (Entered: 07/22/2026)

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42 July 22, 2026

ADDITIONAL RELATED DOCUMENT State of Alaska and King Cove Corporations Reply to Plaintiffs Response to Notice by State of Alaska Dept of Transportation & Public Facilities. (Angell, Sarah) (Entered: 07/22/2026)

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43 July 24, 2026

NOTICE by State of Alaska Dept of Transportation & Public Facilities (Lynch, Sean) (Entered: 07/24/2026)

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45 Aug. 19, 2026

Judgment

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Case Details

State / Territory:

Alaska

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: Nov. 12, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three Alaska Native Tribes and the Center for Biological Diversity

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Other Dockets:

District of Alaska 3:25-cv-00316

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Road construction

Transportation

Environmental Justice and Resources:

Environmental Impact Statements

Threatened/endangered fauna

Recommended Citation