Quechan Tribe of the Fort Yuma Indian Reservation v. United States Department of the Interior

Good Law
755 F. Supp. 2d 1104·2010 U.S. Dist. LEXIS 132482
United States District Court, Southern District of CaliforniaDecember 15, 2010Case 10cv2241-LAB (CAB)California8,367 words

Opinion

Opinion

Burns, J.

ORDER GRANTING PRELIMINARY INJUNCTION

On October 29, 2010, Plaintiff (the “Tribe”) filed its complaint, alleging Defendants’ decision to approve a solar energy project violated various provisions of federal law. On November 12, the Tribe filed a motion for preliminary injunction, asking the Court to issue an order to preserve the status quo by enjoining proceeding with the project, pending the outcome of this litigation. After the motion was filed, Imperial Valley Solar LLC intervened as a Defendant.

On Monday, December 13, the Court held a oral argument at which the parties appeared through counsel. After the parties were fully heard, the Court took the matter under submission, with the intent to rule within two days.

Background

The Quechan Tribe is a federally-recognized Indian tribe whose reservation is located mostly in Imperial County, California and partly in Arizona. A large solar energy project is planned on 6500 acres of federally-owned land known as the California Desert Conservation Area (“CDCA”). The Department of the Interior, as directed by Congress, developed a binding management plan for this area.

The project is being managed by a company called Tessera…

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