Jump to Navigation
Jump to Content

Apache Survival Coalition v. United States

ELR Citation: 27 ELR 21209
Nos. 96-16471, 118 F.3d 663/(9th Cir., 07/01/1997)

The court affirms the denial of a request for a preliminary injunction against further construction of a system of telescopes on Mt. Graham in Arizona. Plaintiff-appellant coalition of Native Americans argued that the U.S. Forest Service failed to comply with the National Historic Preservation Act in connection with the construction. The court finds that the coalition has presented no evidence to show how the claims advanced in this suit are any different from those the court rejected in a prior suit the coalition brought over the construction. Although the configuration of the telescopes has changed, the coalition points to no evidence to show that in their present configuration the telescopes represent a greater desecration than they would have in their original configuration.

[A related decision is published at 24 ELR 20854. Briefs and pleadings in related litigation are digested at ELR BRIEFS & PLEADS. 66277.]

Counsel for Plaintiffs
Michael R. Lozeau
709 Baker St., San Francisco CA 94115
(415) 775-4520

Counsel for Defendants
Eugene R. Bracamonte, Ass't U.S. Attorney
U.S. Attorney's Office
Acapulco Bldg.
110 S. Church Ave., Ste. 8310, Tucson AZ 85701
(520) 620-7300

Mark R. Haag
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before Nelson, Fernandez and Molloy,* JJ.