LAC has filed their reply to the amended complaint of the Tribes. Essentially it says the “new evidence” does not provide any relevant information that was not already known and previously included in the Administrative Record. Also, NAGPRA (graves protection) does not apply unless/until something is found, which it has not.

The reply also repeats other arguments previously made by LAC/BLM, namely:

- RSIC repeatedly indicated to BLM it had no cultural interest in or near the Project Area

- The “People” are not a federally recognised Tribe and therefore have no standing

- RSIC cannot usurp Fort McDermott Tribe’s sovereignty by raising claims on their behalf

- There is no evidence of a massacre in the Project Area

- The Project Area has been extensively surveyed and disturbed, and no remains have been found

I expect Judge Du will continue to conclude that the Tribes have failed to demonstrate the BLM acted unreasonably or in bad faith during the consultation process.

Thanks again to domestic supply for posting the document on GitHub.