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Confederated Tribes & Bands of the Yakama Nation v. Department of Agric.

Citation: 40 ELR 20215
No. No. 10-3050, (E.D. Wash., 07/30/2010)

A district court issued a temporary restraining order enjoining the shipment of Hawaiian garbage to a landfill located on lands ceded by the Yakama Nation in Washington state near the Columbia River. There are serious questions as to whether the USDA adequately analyzed the environmental impacts of shipment and receipt of Hawaiian waste into the mainland, and in particular, receipt into a Washington or Oregon port followed by transport and burial into the landfill. There are also serious questions regarding whether the USDA complied with the National Historic Preservation Act. In addition, the tribes are likely to suffer irreparable harm in the absence of a temporary injunction. The landfill is located in the area in which tribal members exercise their protected hunting, gathering, and fishing rights. Moreover, the balance of equities tips sharply in the tribes' favor, and a temporary restraining order is in the public interest.