Here is the complaint in White Mountain Apache Tribe v. Scalia (D.D.C.):
An excerpt:
This case will decide whether a sub-agency within the Department of Labor, without any mandate or expertise in addressing Indian policy, has overstepped its bounds in deciding that an Indian tribal government is not acting “governmental”. The Tribe contends that it was an abuse of discretion for DOL to rely on the ad hoc opinions of EBSA staff regarding what constitutes a “governmental” or “commercial” function without having engaged in formal rulemaking, by imposing requirements outside of published transition relief without notice and comment, and by failing to consult with tribal governments as required by DOL policy and Executive Order 13175.
