This decision went well beyond my expectations.

The central issue to the Tribes’ claims is whether the BLM made a reasonable and good faith effort to identify them for Section 106 consultation. I thought Judge Du would find the Tribes had not demonstrated “a likelihood” of success on the merits of this issue. But she went much further and definitively found the BLM did make a reasonable and good faith effort. This finding effectively extinguishes the Tribes’ case.

Yes, Judge Du said “… this order does not resolve the merits of the Tribes’ claims.” That is technically true. She can’t resolve this claim when considering a Motion for PI – that has to come in January. But in reality, the Tribes’ case has been completely destroyed. They no longer have a case!

And we won’t be hearing anything further from “The People”.

I am very happy.

And thank you to WB DT for posting the Order.