Supreme Court to hear Navajo Nation trust case
Wednesday, October 1, 2008
Filed Under:
Law
|
Trust
The
U.S. Supreme Court
today agreed to hear the Bush administration's appeal of the
Navajo Nation's breach of trust lawsuit.
The tribe says the
Bureau of
Indian Affairs approved a coal development lease with a less than favorable royalty rate. The tribe says it was cheated out of $600 million.
The
Federal Circuit Court of
Appeals, in August 2001,
ruled that the tribe is owed money damages. But the Supreme Court, in March 2003, said the tribe
failed to prove its case under trust law precedents.
On remand, the tribe cited additional federal laws and regulations. The Federal Circuit, in September 2007, again ruled the tribe was owed money.
At issue in the latest appeal is whether the tribe made its case and whether the Supreme Court's 2003 decision foreclosed the tribe from seeking damages.
Supreme Court Documents:
Docket
Sheet: No. 07-1410 |
Petition
for Certiorari
Federal Circuit Decision:
Navajo Nation v.
US (September 13, 2007)
Supreme Court Decision in
US v. Navajo Nation:
Syllabus
|
Opinion
[Ginsburg] |
Dissent
[Souter]
Related Supreme Court Decision in
US v. White Mountain Apache
Tribe:
Syllabus
|
Opinion
[Souter] |
Concurrence
[Ginsburg] |
Dissent
[Thomas]
Related Stories:
Supreme Court considers Indian law cases
(9/30)
SCOTUSBlog: Supreme Court
petitions to watch (09/19)
Bush seeks review of long-running Navajo trust
case (5/19)
Court: Navajo Nation owed money for bungled
lease (9/14)
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