What is the test for a judicial review of a threat of future government activity which might infringe aboriginal rights?

In examining the threat of future government activity which might infringe appellants' aboriginal rights, ⁸ we must consider whether this threat presents a concrete case or controversy ripe for judicial review. See Western Oil, 905 F.2d at 1291. We evaluate both the fitness of the issues for judicial decision and the hardship to the parties which would be occasioned by withholding court consideration. Id., citing Abbott Laboratories v. Gardner, 387 U.S. 136, 148-49, 87 S.Ct. 1507, 1515, 18 L.Ed.2d 681 (1967).