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January 19, 2019: Stand Up for California v. U.S. Dept. of Interior – Wilton

In May, the citizens established a prima facie showing of bad faith on the part of the government. As a result, the government was ordered to log the over 1,000 documents it tried to withhold from the administrative record. When the government refused to fully comply with that order, the citizens were forced to file a second motion. The government quickly capitulated, and in December, it produced a privilege log for the hundreds of documents it left off the first log. Because of the citizens’ efforts, the government ultimately produced hundreds of documents it improperly withheld. Those documents show that the Tribe pressured the government to cut corners and the government willingly agreed, working around the clock to issue a decision that normally takes 15 months in less than two days. The Tribe is touting the Court’s denial of the citizens’ extraordinary request to override attorney-client and deliberative privileges as a major victory, when in fact the citizens have succeeded in forcing the production of hundreds of records that document serious problems with the decision. The case will now proceed to the merits, with the benefit of a more accurate administrative record.

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