Here are those materials in Round Valley Indian Tribe v. United States (Fed. Cl.):
DCT Order Denying Lohman Intervention Motion
The underlying judgment favoring the tribe is here.
Indian Tucker Act
Federal Circuit Revives Part of Samish Indian Nation Damages Claims against US in Federal Recognition Case
Here is today’s opinion in Samish Indian Nation v. United States.
An excerpt:
The issues on appeal before this court are ones of statutory construction. We must decide whether certain claims are premised on money-mandating statutes and are therefore within the jurisdiction of the United States Court of Federal Claims pursuant to the Tucker Act, 28 U.S.C. § 1491(a), and the Indian Tucker Act, 28 U.S.C. § 1505. The Court of Federal Claims dismissed for lack of jurisdiction over the claims brought by the Samish Indian Nation (“Samish”) because some of their allegations were not premised upon any statute that was moneymandating, and the allegations reliant on moneymandating statutes were limited by other statutes. We affirm the Court of Federal Claims’ decision that it lacked jurisdiction over some of the Samish’s allegations because the Tribal Priority Allocation (“TPA”) system is not money-mandating. We conclude, however, that the trial court’s ability to provide a monetary remedy under the State and Local Fiscal Assistance Act of 1972 (“Revenue Sharing Act”) is not limited by operation of the AntiDeficiency Act, 31 U.S.C. § 1341. We therefore reverse the trial court’s dismissal of the Samish’s Revenue Sharing Act allegations and remand for further proceedings consistent with this opinion.
Here are the briefs:
Lower court materials here.
Round Valley Indian Tribe v. US — Preservation of Tribal Trust Claims over Federal Opposition
Here is that opinion from the Court of Federal Claims: Round Valley v US.
Here are the briefs:
Federal Circuit Dismisses Navajo Takings Claim as Time-Barred
Here is the opinion in Navajo Nation v. United States.
An excerpt:
The Navajo Nation appeals a judgment of the United States Court of Federal Claims denying its claim seeking damages for an alleged Fifth Amendment taking of its right to develop land granted to it by the United States in 1934. See Navajo Nation v. United States, No. 88-CV-508 (Fed. Cl. July 13, 2009). Because we conclude that the claim is barred by the six-year statute of limitations set out in 28 U.S.C. § 2501, we vacate the judgment of the Court of Federal Claims and remand with instructions to dismiss for lack of jurisdiction.
And the materials:
US Appellee Brief in Navajo v US
Our earlier post on this was here.
Turtle Talk 