Federal Circuit Reinstates Wind River Shoshone Trust Claim re: Natural Resources Mismanagement

Here is today’s opinion. An excerpt:

The Shoshone Indian Tribe of the Wind River Reservation and the Arapaho Indian Tribe of the Wind River Reservation (collectively “the Tribes”) appeal the United States Court of Federal Claims’ dismissal of Claim II as time-barred by 28 U.S.C. § 2501 (2006), which bars all suits filed against the United States in the Court of Federal Claims unless filed within six years after the claim accrues. Because we conclude that the Tribes have alleged a continuing trespass, the Court of Federal Claims improperly determined that Claim II is time-barred in its entirety. Accordingly, as explained below, we vacate and remand for further proceedings.

We posted the briefs here.

Susanville Rancheria v. Leavitt — IHS Billing Case

Here are the materials:

Complaint

Susanville Motion for TRO

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Navajo Nation v. United States (CAFed) — Trust Violation Remand

After the Supreme Court wiped out the $600 million judgment favoring the Navajo Nation against the United States in 2003, the Court remanded the case to allow the Nation to pursue the same judgment on different legal theories. So far, the Nation has been successful in the Federal Circuit, although the United States has petitioned the Federal Circuit for en banc review.

Here are the materials:

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Assiniboine & Sioux et al. v. Kempthorne Materials

Thirty-seven individual cases raising the same claims as in the Cobell litigation had been spun off from that massive case in the past few years. The United States moved to remand and stay these cases to the Department of Interior. Yesterday, Judge Robertson declined that motion.

Here are the relevant materials:

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