BANGOR – A federal judge appeared Tuesday to be steering a federal lawsuit filed more than 21/2 years ago against the Bureau of Indian Affairs by Passamaquoddys who oppose construction of a liquefied natural gas terminal on tribal land through its final stages toward a possible settlement.

U.S. District Judge John Woodcock heard arguments Tuesday in U.S. District Court on two motions filed by attorneys for the Passamaquoddy group. Woodcock also considered the direction he was given last year by the 1st Circuit Court of Appeals in Boston when they reversed his earlier decision to dismiss the Indians’ claims.

Once he decides those matters, the opposing sides could begin settlement talks that might include reopening the hearing process on whether the tribe’s lease should be approved by the BIA.

Attorneys for both sides already have filed a joint motion outlining a proposed schedule for reaching a settlement in the case.

Woodcock urged the parties to ask one of his colleagues on the federal bench in Portland to mediate the negotiations.

We Take Care of Our Land – Nulankeyutmonen Nkihaqmikon in the Passamaquoddy language – filed three lawsuits in U.S. District Court in Bangor in November 2005 because its members believe their viewpoints were not represented in May 2005 when the Pleasant Point Tribal Council signed a partnership agreement with Quoddy Bay LLC.

The group’s ultimate objective is to reverse the lease decision with the Oklahoma developer and reopen discussions. Members also want to provide an opportunity for all tribal members to vote on the project.

The Passamaquoddy group is represented by the Environmental and Natural Resources Law Clinic at the Vermont Law School in South Royalton, Vt. The BIA is being defended by attorneys with the U.S. Department of Justice in Washington, D.C.

Teresa Clemmer, the attorney for the Passamaquoddy group, said after the hearing that ultimately her clients want the hearing process reopened.

They also want the BIA to consider an environmental impact statement, consult with the National Marine Fisheries Service about impacts on endangered whales and with the tribal historic preservation officer about cultural impacts before making its decision on whether to approve the lease. The group also wants the BIA to analyze the fair market value of the lease.

In addition, the law clinic also would seek to recoup its legal fees and costs from the government through the settlement process, she said.

One of the two motions Woodcock considered Tuesday would compel the BIA to share a memo written by Randall Trickey, the regional realty officer, dated the day the BIA approved the lease. It may deal with the fair market value of the lease. The judge said he would read the memo and decide whether under the Freedom of Information Act the group is entitled to have it.

On the other motion, Woodcock signaled that he would not allow the group to add the information compiled by Andrea Bear Nichols, chairwoman of native studies at St. Thomas University in New Brunswick. An expert in Passamaquoddy and Maliseet tribal culture and history, Nichols concluded, according to court documents, that “the construction and operation of the LNG facility at the Split Rock site would interfere with the Passamaquoddy’s ability to maintain their traditional coastal culture and way of life.”

Woodcock said that if he allowed one side to add documents to the record, he in fairness would have to allow the other side time to respond and that would delay further the resolution of the case.

Although there is no timetable under which Woodcock must issue his decision, he said Tuesday that the lawsuit could be settled before the end of the year. That indicates he expects to issue a decision within a few weeks rather than months.

Quoddy Bay’s application for a license for the LNG facility is pending before the Federal Energy Regulation Commission in Washington, D.C.

jharrison@bangordailynews.net

990-8207