When documents were produced, their disclosure was incomplete or tardy. The scientists urge the Court to avoid another remand of the case to defendants for a third round of administrative proceedings. In circumstances such as these, the Court has the inherent authority to decide the substantive issues itself in order to protect a party from further agency delay or abuse. Such authority includes the power to order that plaintiffs be given access to study the skeleton and such other relief as the Court deems appropriate. Army Corps publishes notice of intent to transfer the skeleton to tribal Coalition.
Scientists file lawsuit seeking access to study the skeleton.
Court issues order that possession of the skeleton may not be transferred without prior notice to plaintiffs. Permit is never granted. 1997 Army Corps conducts limited surface examination of the discovery site. Tribal objections limit the studies that can be conducted. Rib fragment found at discovery site.