Ultimately this issue will come down to whether the BLM properly consulted the Tribes pursuant to the National Historic Preservation Act (NHPA). But in the meantime, the wording of the Order strongly suggests Judge Du will allow a Preliminary Injunction to stop the HPTP digging (once that Motion has been filed).

"The Tribes persuasively argue that the digging … will cause them irreparable harm".

Not good.