FHWA Must Face Tribe's Challenge To RI Bridge Construction

Law360 (July 23, 2020, 5:02 PM EDT) -- The Narragansett Indian Tribe of Rhode Island can continue to pursue a claim that the Federal Highway Administration wrongly cancelled its agreement to transfer land to the tribe that would have mitigated a 2013 bridge project on historic tribal land.

U.S. District Judge Rudolph Contreras on Wednesday declined to toss the Narragansett Tribe's suit in D.C. federal court, saying the tribe alleged "sufficient facts" to state a claim under the Administrative Procedure Act related to the replacement of the Providence Viaduct Bridge on Interstate 95.

Just because the agreement included a termination provision, the judge said, does not mean the government...

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