Muckleshoot Indian Tribe v. U.S. Forest Service
Opinion
Lead Opinion
ORDER
Pursuant to the opinion issued concomitantly with this order, we hereby enjoin any further activities on the land such as would be undertaken pursuant to the Huckleberry Mountain Exchange Agreement as executed by the United States and the Weyerhaeuser Company on March 28, 1997, until such time as the Forest Service satisfies its statutory obligations in a manner consistent with this Court’s opinion.
OPINION
Plaintiffs Muckleshoot Indian Tribe, Pil-chuck Audubon Society, and Huckleberry Mountain Protection Society • appeal the district court’s grant of summary judgment on consolidated challenges to a land exchange between the United States For *803 est Service and Weyerhaeuser Company. Plaintiffs contend that the Forest Service violated the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4332 , and the National Historic Preservation Act (“NHPA”), 16 U.S.C. § § 470-470w. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.
I. BACKGROUND
Huckleberry Mountain, the land subject to the dispute in this case, is located in the Green River watershed in the Mt. Baker-Snoqualmie National Forest (“the Forest”) in the state of Washington. The Forest contains…