Legal Opinion

Skull Valley Band of Goshute Indians v. Davis

District Court, D. Utah

Decided July 26, 2010No. 2:07-cr-00526Published

1Opinion of the Court

ORDER

DAVID M. EBEL, District Judge.

Plaintiffs, the Skull Valley Band of Goshute Indians (“Skull Valley Band”) and Private Fuel Storage, LLC (“PFS”), invoke the Administrative Procedure Act (“APA”), to obtain review of two decisions made by the Department of Interior (“DOI”) 1) denying a right-of-way application submitted by PFS and 2) disapproving a lease between the Skull Valley Band and PFS. Having jurisdiction under 28 U.S.C. §§ 1331 and 1362, 1 the Court VACATES those decisions and REMANDS the right-of-way application and Plaintiffs’ lease to the DOI for further consideration.

I. BACKGROUND

2Cases cited30 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Califano v. SandersSupreme Court of the United States · 1977
  3. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
  4. Utahns for Better Transportation v. United States Department of TransportationCourt of Appeals for the Tenth Circuit · 2002
  5. Yankee Atomic Electric Co. v. United StatesCourt of Appeals for the Federal Circuit · 2008

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