Description: Challenge to the U.S. Department of Interior’s approval of a land exchange to facilitate expansion of phosphogypsum stacks located on a Superfund site.
Shoshone-Bannock Tribes of Fort Hall Reservation v. Hammond
Filing Date Type File Action Taken Summary 12/05/2020 Complaint Download Complaint filed. Lawsuit Challenged Land Exchange for Expansion of Gypsum Stacks. The Shoshone-Bannock Tribes filed a lawsuit in federal court in Idaho challenging the U.S. Department of Interior’s approval of a land exchange to facilitate expansion of phosphogypsum stacks located on a Superfund site adjacent to the Fort Hall Reservation. The Tribes alleged that the environmental impact statement failed to satisfy National Environmental Policy Act requirements, including by failing to adequately evaluate air quality and climate change impacts. The Tribes also asserted violations of the Federal Land Policy and Management Act, the Administrative Procedure Act, the Act of June 6, 1900 (which the Tribes alleged reaffirmed off-reservation treaty rights), the Fort Bridger Treaty of 1868, and the U.S.’s trust responsibility.