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Message: Thoughts??

Many thanks to okeido and Kate7 for their perspectives. I was not able to listen, so your feedback is greatly appreciated.

I continue to believe that Judge Du will not grant the "extraordinary remedy” of a PI, because the Tribes have failed to demonstrate 1) they are likely to succeed on the merits (i.e. that the BLM failed to act reasonably and in good faith) and 2) they will suffer irreparable harm (that is specific and non-speculative) if the PI is not granted.

I think she will focus on the irreparable harm issue (as she did with the environmentalists request for PI). The fact that the Tribes are now being consulted in the permitting process, and that digging will immediately cease if any bones are found, will underpin her "no irreparable harm" position.

I am biased admittedly, but I will be absolutely gobsmacked if this PI is granted.

 

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