Case 83

Northwest Indian Cemetery Protective Association v. Peterson, 552 F. Supp. 951 (N.D. Cal. 1982), injunction granted, 565 F. Supp. 586 (N.D. Cal. 1983).

Plaintiffs challenged the decisions of the United States Forest Service to complete construction of a road from Gasquet to Orleans in California (the "G-O Road") and to adopt a forest management plan that would permit the harvesting of timber in the Blue Creek unit of the Six Rivers National Forest. They alleged violation of the National Historic Preservation Act (NHPA) and other statutes and sought a preliminary injunction to stop the road.

In compliance with the regulations of the Advisory Council on Historic Preservation implementing Section 106 of NHPA, the Forest Service had sought and obtained the comments of the Council on the G-O Road.

The court concluded that plaintiffs had not shown that the Council was denied an opportunity to comment or that the Forest Service had dealt with the Council in bad faith. 552 F. Supp. at 955. The court denied plaintiffs' motion for preliminary injunction.

In a later opinion, the court permanently enjoined construction of the road and timber harvesting until defendants complied with the National Environmental Policy Act and other environmental statutes.

The court, however, again rejected plaintiffs' arguments that defendants had violated NHPA. That the Forest Service had modified its timber management plan was not sufficient change as to require additional comment by the Council. 565 F. Supp. at 604.

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