United States First Circuit

An injunction based on claims that defendant failed to consult adequately with the Tribe about a sewer construction project, which risks desecration of ancestral burial sites, as required by section 106 of the National Historic Preservation Act, 16 U.S.C. section 470f (2000), are denied where the Tribe falls far short of the standards for a preliminary injunction.

Appellate Information

• Decided 07/03/2003
• Published 07/03/2003

Judges

• LYNCH, Circuit Judge., Before LYNCH, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Douglas J. Luckerman, with whom John F. Killoy, Jr. was on brief for appellant.


• For Appellees:
  
• Ian C. Ridlon, with whom Jeffrey S. Brenner and Nixon Peabody LLP were on brief for appellee.