trust relationship – Page 21

The panel held that the Nation’s breach of trust claim was not barred by sovereign immunity, and remanded to the district court to consider the claim on its merits. The panel held that the broad waiver of sovereign immunity found in § 702 of the Administrative Procedure Act (“APA”) waived sovereign immunity for all non-monetary claims, and § 704 of the APA’s final agency action requirement constrained only actions brought under the APA. The panel concluded that the Nation’s breach of trust claim sought relief other than money damages, and the waiver of sovereign immunity in § 702 applied squarely to the claim.

Lower court materials here.

Redding Rancheria Prevails in Reimbursement Dispute with Indian Health Service

November 8, 2017November 8, 2017Matthew L.M. Fletcher

Here are the materials in Redding Rancheria v. Hargan (D.D.C.):

31-1 US Motion for Summary Judgment

34-1 Rancheria Motion for Summary Judgment

35 Rancheria Response to 31

36-2 Alaska Health Board Amicus Brief

37 US Reply

42 US Response to Amici

60 DCT Order

“Trump tells Sen. Orrin Hatch that he’ll shrink Utah’s Bears Ears National Monument”

October 27, 2017Matthew L.M. Fletcher

Here from the Salt Lake Tribune.

Federal Claims Court Dismisses Most Counts in Pine Ridge Lease Cancellation Challenge

October 16, 2017Matthew L.M. Fletcher

Here are the materials in Moody v. United States (Fed. Cl.):

1 Complaint

32 Motion to Dismiss Counts 1-3

33 Response

34 Reply

36 Order

Paul Spruhan on the Law of the Certificate of Degree of Indian Blood (CDIB)

October 10, 2017October 10, 2017Matthew L.M. Fletcher1 Comment

Paul Spruhan posted “CDIB: The Role of the Certificate of Degree of Indian Blood in Defining Native American Legal Identity” on SSRN.

The abstract:

This essay discusses the “CDIB” or Certificate of Indian or Alaska Native Blood, a document that proves an individual’s quantum of Native American blood. The CDIB is a federal document issued by the Bureau of Indian Affairs or by tribal nations through a “638” self-determination contract, but without published regulations or even clear written guidelines. The essay discusses its mysterious origins, its primary purpose, and its role in defining Native American legal identity. It also suggests some provisions to be included in final regulations, should the Bureau of Indian Affairs revive its attempt to publish CDIB regulations.