ELR Citation: 55 ELR 20112
No(s). CV-21-00068-PHX-DWL and CV-21-00122-PHX-DWL (D. Ariz. Aug 15, 2025) (Lanza, J.)

A district court denied motions for preliminary injunction in two lawsuits concerning Congress' authorization of the exchange of federal land in Tonto National Forest, which includes an Apache ceremonial ground, for land held by a mining company. Members of the San Carlos Apache Tribe and conservation groups challenged the exchange, arguing the Forest Service violated its appraisal-related duties under the Southeast Arizona Land Exchange and Conservation Act, that the final EIS violated NEPA, that the Service did not fulfill consultation duties under the National Historic Preservation Act before publishing the final EIS, and that the Service violated the National Forest Management Act's forest planning regulations. The court concluded plaintiffs did not establish a likelihood of success on any of their claims, but that even if they did, it would still decline to issue injunctive relief because it must accept that Congress' choice to pursue the exchange and the president's choice to sign the law advances the public interest. Per the court, a "NEPA lawsuit is not the proper forum for second-guessing the wisdom of Congress’s decision to pursue the land exchange." It denied the motions.