Federal Circuit – Page 6

An excerpt:

The United States currently holds certain tracts of land in Minnesota in trust for three Indian communities. It originally acquired some of that land in the late 1800s, using funds appropriated by Congress to help support a statutorily identified group of Indians, and held it for the benefit of those Indians and their descendants for decades. As time passed, that beneficiary group and the three present-day communities that grew on these lands overlapped but diverged: many of the beneficiary group were part of the communities, but many were not; and the communities included many outside the beneficiary group. In 1980, Congress addressed the resulting land use problems by putting the lands into trust for the three communities that had long occupied them. Ever since, proceeds earned from the lands—including profits from gaming—have gone to the same three communities.

The discrepancy between the makeup of the three communities and the collection of descendants of the Indians designated in the original appropriations acts underlies the present dispute, which was before this court once before. Claimants allege that they belong to the latter group and that they, rather than the communities, hold rights to the land at issue and any money generated from it. Four years ago, based on an extensive analysis of the relevant laws and history, we rejected what was then the only live claim, which got to the heart of their assertion: that the appropriations acts created a trust for the benefit of the statutorily designated Indians and their descendants. Wolfchild v. United States, 559 F.3d 1228 (Fed. Cir. 2009). On remand, claimants advanced several new claims, some of which seek proceeds generated from the lands, others of which seek more. Again unable to
find that claimants have stated a claim that meets the standards of governing law, we now reject these new claims, including the one that the Court of Federal Claims held valid in the judgment we review.

Lower court materials here.

Federal Circuit Affirms Dismissal of Klamath Claims Committee v. United States

August 26, 2013Matthew L.M. Fletcher

Unpublished opinion here:

12-5130.Opinion.8-20-2013.1

Briefs here.

Lower court materials here and here.

Federal Circuit Affirms Dismissal of Fifth Amendment Claim re: Colorado River Indian Tribes’ Reservation Lease

February 20, 2013February 20, 2013Matthew L.M. Fletcher1 Comment

Here is the opinion in McGuire v. United States.

Briefs:

McGuire Opening Brief

Federal Appellee Brief

McGuire Reply

An excerpt:

Jerry McGuire leased a plot of farmland in Arizona from the Colorado River Indian Tribes (“CRIT”) with the approval of the Bureau of Indian Affairs (“BIA”). He filed this Fifth Amendment regulatory takings claim after the BIA removed a bridge that he used to access portions of the leased property. McGuire does not claim that removal of the bridge was itself a taking, but rather that the BIA’s alleged refusal to authorize replacement of the bridge was a taking of his property rights. After trial the Court of Federal Claims (the “Claims Court”) denied McGuire’s regulatory takings claim. McGuire appeals. Because we hold that McGuire’s regulatory takings claim never ripened and that, even if McGuire’s claim had ripened, he had no cognizable property interest, we affirm.

Lower court materials here.

Federal Circuit Reinstates ISDEAA Suit against IHS — UPDATED with Briefs

November 9, 2012November 12, 2012Matthew L.M. Fletcher

Here is the opinion.

Here is an excerpt:

Arctic Slope Native Association, Ltd., (“ASNA”) ap- peals a decision of the Civilian Board of Contract Appeals (“Board”) dismissing ASNA’s breach-of-contract claim under the Contract Disputes Act (“CDA”) as time-barred. Because the CDA’s six-year statute of limitations should have been equitably tolled, we reverse and remand.

Here are the briefs:

ASNA Opening Brief

Sebelius Brief

ASNA Reply

Supreme Court Partially Vacates and Reverses Judgment Favoring Samish Indian Nation

October 9, 2012October 9, 2012Matthew L.M. Fletcher1 Comment

Here is today’s order list. From the order:

The petition for a writ of certiorari is granted. The judgment with respect to all matters relating to respondent’s Revenue Sharing Act claim is vacated, and the case is remanded to the United States Court of Appeals for the Federal Circuit with instructions to dismiss that claim as moot. See United States v. Munsingwear, Inc., 340 U.S. 36 (1950).

Lower court materials here.