San Carlos Apache Tribe v. United States
Court of Appeals for the Ninth Circuit
1Opinion of the Court
McKEOWN, Circuit Judge.
In this action for injunction against the United States, the San Carlos Apache Tribe (“Tribe”) seeks to maintain certain water levels in the San Carlos Reservoir (“Reservoir”) in Arizona. The Tribe brought suit under various federal laws and federal common law and is primarily concerned with damage to the environment, including to fish and other species, caused by decreased water flow into the Reservoir. Our focus here is the Tribe’s claim under § 106 of the National Historic Preservation Act (“NHPA”), 1 16 U.S.C. §§ 470 et seq., which requires that federal agencies…
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