UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

____________________________________ ) MASHPEE WAMPANOAG TRIBE, ) ) Plaintiff, ) ) v. ) Civil Action No. 18-2242 (PLF) ) DAVID BERNHARDT, in his official ) capacity as Secretary of the Interior, et al., ) ) Defendants, ) ) and ) ) DAVID LITTLEFIELD, et al., ) ) Defendant-Intervenors. ) ____________________________________)

ORDER

For the reasons set forth in the Opinion issued this same day, it is hereby

ORDERED that plaintiff Mashpee Wampanoag Tribe’s motion for summary

judgment [Dkt. No. 29] is GRANTED; it is

FURTHER ORDERED that the federal defendants’ motion for summary

judgment [Dkt. No. 31] is DENIED; it is

FURTHER ORDERED that the defendant-intervenors’ motion for summary

judgment [Dkt. No. 33] is DENIED; it is

FURTHER ORDERED that plaintiff’s emergency motion for a temporary

restraining order and motion for a preliminary injunction [Dkt. No. 42] is DENIED AS MOOT;

it is FURTHER ORDERED that the Secretary of the Interior’s September 7, 2018

Record of Decision is DECLARED arbitrary, capricious, an abuse of discretion, and contrary to

law; and it is

FURTHER ORDERED that this matter is REMANDED to the Department of the

Interior to issue a decision that is consistent with the Court’s June 5, 2020 Opinion and that

conforms with the 2014 M-Opinion’s standard, the evidence permitted therein, and the

Department’s prior decisions applying the M-Opinion’s two-part test.

SO ORDERED.

/s/ PAUL L. FRIEDMAN United States District Judge

DATE: June 5, 2020

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