Tohono O'Odham Nation v. United States Department of the Interior

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TOHONO O’ODHAM NATION; No. 24-3659

SAN CARLOS APACHE TRIBE;

D.C. No.

ARCHAEOLOGY SOUTHWEST;

4:24-cv-00034-

CENTER FOR BIOLOGICAL

JGZ

DIVERSITY,

Plaintiffs - Appellants, OPINION

v.

UNITED STATES DEPARTMENT

OF THE INTERIOR; DEB

HAALAND; UNITED STATES

BUREAU OF LAND

MANAGEMENT,

Defendants - Appellees,

SUNZIA TRANSMISSION, LLC,

Intervenor - Defendant - Appellee.

Appeal from the United States District Court for the District of Arizona Jennifer G. Zipps, Chief District Judge, Presiding TOHONO O’ODHAM NATION V. USDOI

Argued and Submitted March 26, 2025 Phoenix, Arizona

Filed May 27, 2025

Before: Susan P. Graber, Marsha S. Berzon, and Mark J. Bennett, Circuit Judges.

Opinion by Judge Bennett

SUMMARY *

National Historic Preservation Act

The panel reversed the district court’s order dismissing for failure to state a claim an action brought by Tohono O’odham Nation and others (“Plaintiffs”) alleging that the Department of the Interior violated the National Historic Preservation Act (“NHPA”) by issuing two limited notices to proceed (“LNTPs”)…