Montana Wilderness Association v. Connell et al
JUDGMENT regarding 222 Motion for Order/Judgment. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Judge Sam E Haddon on 12/27/2016. (MMS)
DEC 2 7 2016
Clerk, U.S. District Court
District Of Montana
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
IN RE MONTANA
This document relates to:
On January 9, 2014, this Court issued an order entering The Parties' Stipulation
Regarding Remedy. See Doc. No. 218 ("Order"), 218-1 ("Stipulation"). The Bureau of
Land Management ("BLM") has completed Class III surveys of open roads, ways, and
airstrips on the Upper Missouri River Breaks National Monument pursuant to ~ 2 of the
Stipulation. BLM has not yet fully determined the eligibility of certain properties, listed
in ECF Nos. 223-1 and 223-3 as having an "NRHP Eligibility" status of
"Undetermined," for inclusion in the National Register of Historic Places. Nonetheless,
the recorded properties listed in ECF Nos. 223-1 and 223-3 as having an "NRHP
Eligibility" status of "Undetermined" will be treated as eligible for the National Register
unless and until such time as they are determined ineligible by BLM, provided that BLM
consults with the State Historic Preservation Officer pursuant to the Montana State
Protocol Agreement (2015).
The Clerk shall enter judgment in the above-captioned case as follows:
Judgment is hereby entered for Plaintiff Montana Wilderness Association on
Count III of their Complaint (Case No. 09-95, Doc. No. 1, ,-r,-r 102-07) and for Plaintiffs
The Wilderness Society, Friends of the Missouri Breaks Monument, National Trust for
Historic Preservation, and Oil and Gas Accountability Project on their Fifth Claim for
Relief insofar as it relates to BLM' s failure to conduct an inventory of historic properties
under the National Historic Preservation Act ("NHP A"). See Case No. 09-96, Doc No.
1, ,-r,-r 224-27, 229-32, 234-35. 1
Judgment is hereby entered for Federal Defendants Jamie Connell, in her official
capacity as Director of BLM' s Montana State Office, Neil Kornze, in his official
Plaintiffs' The Wilderness Society et al. 's Fifth Claim also included a claim that BLM failed to
consult with the State Historic Preservation Office under the NHPA. See id at if 228, 233, 236. The
Ninth Circuit found Plaintiffs' consultation claim to be without merit. See Montana Wilderness Ass 'n v.
Connell, 725 F.3d 988, 1010 (9th Cir. 2013).
capacity as Director ofBLM, the BLM, the U.S. Department of the Interior, Josh Chase,
in his official capacity as Acting Manager of the Upper Missouri River Breaks National
Monument; and for Defendant-Intervenors Missouri River Stewards, Fergus County,
Phillips County, Chouteau County, Blaine County, the Recreational Aviation
Foundation, and Montana Pilots Association on all other claims. 2
Each party shall be~~ own costs.
~/%y of December, 2016
United States District Judge
Pursuant to Federal Rule of Civil Procedure 25(d), Neil Komze and Josh Chase are substituted for
Mike Pool and Zane Fulbright, respectively.
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