Karuk Tribe of California v. United States Forest Service

Good Law
379 F. Supp. 2d 1071·2005 WL 1562945·61 ERC (BNA) 1100·2005 U.S. Dist. LEXIS 16103
United States District Court, Northern District of CaliforniaJuly 1, 2005C 04-4275 SBACalifornia13,665 words

Opinion

Opinion

ORDER

ARMSTRONG, District Judge.

This matter comes before the Court on Plaintiffs Motion for Summary Judgment [Docket No. 54], Defendants’ Motion to Strike Portions of Plaintiffs Declaration of Toz Soto [Docket No. 59], and the Miners’ Motion for Miscellaneous Relief Concerning the Record [Docket No. 65]. Having read and considered the arguments presented by the parties in the papers submitted to the Court, the Court finds this matter appropriate for resolution without a hearing. The Court hereby GRANTS Defendants’ Motion to Strike Portions of Plaintiffs Declaration of Toz Soto, GRANTS IN PART and DENIES IN PART the Miners’ Motion for Miscellaneous Relief Concerning the Record, and DENIES Plaintiffs Motion for Summary Judgment.

BACKGROUND

I. Factual and Regulatory Background.

A. The Parties.

Plaintiff Karuk Tribe of California (“Plaintiff’ or the “Tribe”) is a federally-recognized Indian Tribe located in Happy Camp, California. Second Amended Complaint (“SAC”) ¶ 11. The Tribe has lived in northern California since time immemorial. Declaration of Leaf Hillman (“Hill-man Decl.”) at ¶ 3. The Tribe works to protect certain fish species and the water quality of the streams and…

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