Here is the petition in Stand Up for California! v. Dept. of the Interior:
Question presented:
Whether the Secretary can acquire land in trust on behalf of Indians whose federal supervision was terminated by Congress.
Lower court materials here.
Here is the petition in Stand Up for California! v. Dept. of the Interior:
Question presented:
Whether the Secretary can acquire land in trust on behalf of Indians whose federal supervision was terminated by Congress.
Lower court materials here.
Here is the opinion.
An excerpt:
This appeal comes after a seven year effort by the Department of the Interior (“Department”) to acquire land in trust on behalf of the Wilton Rancheria (“Wilton” or “Tribe”) to build a casino. After the Department finalized the acquisition of a parcel of land in Elk Grove, California, Stand Up for California! (“Stand Up”), Patty Johnson, Joe Teixeira, and Lynn Wheat (collectively “Appellants”) sued the Department. They brought a litany of claims, including claims that the Department (1) impermissibly delegated the authority to make a final agency action to acquire the land to an official who could not wield this authority, (2) was barred from acquiring land in trust on behalf of Wilton’s members, and (3) failed to adhere to its National Environmental Protection Act obligations when it selected the Elk Grove location. Appellants and the Department cross moved for summary judgment, and the District Court granted the Department’s motions on all counts. For the reasons set forth below, we affirm the District Court.
Briefs here.
Here is the opinion in Stand Up for California! v. Dept. of Interior (D.D.C.):
Materials here.
Here are the materials in Stand Up for California! v. Dept. of Interior (D.D.C.):
57 Motion to Supplement Record
62 DCT Order Denying Motion to Supplement Record
80 DCT Order Denying Second Motion
91 Stand Up Motion for Summary Judgmen
Prior post here.
Here are the materials in Stand Up for California! v. Dept. of Interior (D.D.C.):
33 Stand Up Motion for Summary J