Cert Petition in Big Horn County Electric Cooperative Inc. v. Big Man


Question presented:

Whether an Indian tribal court has subject-matter jurisdiction to adjudicate a tribally created claim as an “other means” of regulating a nonmember federally funded and federally regulated electric cooperative tasked with providing electrical service to all customers within its service territory, including tribal members on Indian reservations?

Lower court materials here.


Montana Federal District Court Holds Crow Tribe Has Jurisdiction Over Electric Co-op

Previous post on this litigation here.

Federal Magistrate Recommends in Favor of Tribal Jurisdiction over Utility Co-op

Here are the new materials in Big Horn County Elec. Coop. v. Big Man (D. Mont.):

99 Big Horn Response to Big Man MSJ

100 Big Man Response to Big Horn MSJ

102 Tribal Response to Big Horn MSJ

104 Big Horn Reply

105 Big Man Reply

106 Tribal Reply

129 Magistrate Report

Prior post with additional briefing here.


133 Objections

135 Big Man Response

136 Tribe Response

Federal Court Rejects Immunity Defense to Nonmember Challenge to Tribal Jurisdiction

Here are the materials in Big Horn County Elec. Coop. v. Big Man (D. Mont.):

79 Tribal Motion for Judgment on the Pleadings

80 Response

81 Reply in Support of 79

83-4 Plaintiff Motion for Summary Judgment

85 Big Man Motion for Summary Judgment

88 Tribal Board Motion for Summary Judgment

97 Magistrate Report

98 DCT Order Denying 79

Prior post here.

Federal Court Holds Nonmember Exhausted Tribal Remedies when Tribal Appellate Court Decided Jurisdiction Issues, but Not Merits

Here are the materials in Big Horn County Elec. Coop. v. Big Man (D. Mont.):

1 Complaint

1-4 Absolooke Appeals Court Opinion Part 1

1-5 Absolooke Appeals Court Opinion Part 2

1-7 Crow Tribal Court Opinion

1-9 Motion for Summary Judgment

1-10 Defendant Opposition

1-11 Appellant Brief

1-12 Appellee Brief

32 Big Man Motion to Dismiss

34 Tribal Motion to Dismiss

39 Response

44 Big Man Reply

45 Tribal Reply

48 Magistrate Report

50 Big Horn Objections

53 Big Man Response

54 Tribal Response

55 DCT Order Rejecting Magistrate Report