Here is that brief in Shoshone Tribe v. United States: Wind River Tribes Opening Brief
Indian Mineral Leasing Act
Materials in Pending Case re: Indian Mineral Leasing Act and the Federal Bankruptcy Code
Interesting stuff. The case is In re Platinum Products (D. N.M. Bkrtcy.):
Jicarilla Motion for Summary Judgment
Debtor’s Response to Jicarilla Statement of Facts
Jicarilla Apache Loses Royalty Claim against Dept. of Interior
Here is the opinion from the D.C. District Court in Jicarilla Apache Tribe v. Dept. of Interior. And the news coverage:
A federal judge has thrown out a lawsuit filed by the Jicarilla Apache Nation over how natural gas royalties paid to the tribe are calculated.
The northwest New Mexico tribe filed suit in 2007 in federal court in Washington, D.C., after the U.S. Interior Department changed how the royalties paid to the tribe by gas lessees are calculated.
Court records show the Jicarilla Apaches argued the change was arbitrary, it departed from Interior Department precedents and it violated the department’s fiduciary duties toward the tribe.
United States v. Navajo Nation Cert Petition
The United States petitioned for cert in the ongoing Navajo Nation case over the Peabody Coal debacle. The Supreme Court held in 2003 that the Indian Mineral Leasing Act did not create a duty, but the Federal Circuit on remand resurrected the claim. Once again, the claim may give rise to $600 million in damages to the United States.
The lower court materials (briefs and opinions) are here.
Turtle Talk 