UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
____________________________________
)
MASHPEE WAMPANOAG TRIBE, )
)
Plaintiff, )
)
v. ) Civil Action No. 18-2242 (PLF)
)
DAVID BERNHARDT, in his official )
capacity as Secretary of the Interior, et al., )
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Defendants, )
)
and )
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DAVID LITTLEFIELD, et al., )
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Defendant-Intervenors. )
____________________________________)
ORDER
For the reasons set forth in the Opinion issued this same day, it is hereby
ORDERED that plaintiff Mashpee Wampanoag Tribe’s motion for summary
judgment [Dkt. No. 29] is GRANTED; it is
FURTHER ORDERED that the federal defendants’ motion for summary
judgment [Dkt. No. 31] is DENIED; it is
FURTHER ORDERED that the defendant-intervenors’ motion for summary
judgment [Dkt. No. 33] is DENIED; it is
FURTHER ORDERED that plaintiff’s emergency motion for a temporary
restraining order and motion for a preliminary injunction [Dkt. No. 42] is DENIED AS MOOT;
it is
FURTHER ORDERED that the Secretary of the Interior’s September 7, 2018
Record of Decision is DECLARED arbitrary, capricious, an abuse of discretion, and contrary to
law; and it is
FURTHER ORDERED that this matter is REMANDED to the Department of the
Interior to issue a decision that is consistent with the Court’s June 5, 2020 Opinion and that
conforms with the 2014 M-Opinion’s standard, the evidence permitted therein, and the
Department’s prior decisions applying the M-Opinion’s two-part test.
SO ORDERED.
/s/
PAUL L. FRIEDMAN
United States District Judge
DATE: June 5, 2020
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