The FWS was between a rock and a hard place. No matter what policy it chose---either allowing or disallowing eagle take within the Reservation-it would have furthered its compelling interest with regard to one tribe and disserved its compelling interest with regard to the other.... The FWS's alternative advances and balances the FWS's competing compelling interests in fostering and protecting both tribes' cultures and religions.(See prior related posting.) AP reports on the decision.
UPDATE: The court refused to certify its order for interlocutory appeal. 2013 U.S. Dist. LEXIS 36443 (D WY, Jan. 23, 2013).