NULANKEYUTMONEN NKIHTAQMIKON v. IMPSON

No. CV-05-168-B-W.

573 F.Supp.2d 311 (2008)

NULANKEYUTMONEN NKIHTAQMIKON, et al., Plaintiffs, v. Robert K. IMPSON, Acting Regional Director, Eastern Region, Bureau of Indian Affairs, et al., Defendants.

United States District Court, D. Maine.

August 14, 2008.


Attorney(s) appearing for the Case

Benjamin R. Rajotte, David K. Mears, Justin E. Kolber, Patrick A. Parenteau, Teresa B. Clemmer, Environmental and Natural Resources Law Clinic, Vermont Law School, South Royalton, VT, Lynne A. Williams, Law Office of Lynne A. Williams, Bar Harbor, ME, for Plaintiffs.

Rebecca J. Riley, Sara E. Costello, U.S. Department of Justice, Environmental & Natural Resources Div, Washington, DC, for Defendants.


ORDER ON DEFENDANT'S RENEWED MOTION TO DISMISS ON EXHAUSTION GROUNDS

JOHN A. WOODCOCK, JR., District Judge.

Directed by the First Circuit to determine whether exceptions to the administrative exhaustion requirement justify judicial retention of this case, the Court concludes that none of the exceptions applies. Despite the Bureau of Indian Affairs' inept defense of this action, characterized by contradiction and delay, the benefit of belated administrative...

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