indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
The University of Tulsa College of Law - Master's in Indian Law
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
9th Circuit ruling in Shoshone-Bannock case
Friday, June 27, 2008
Filed Under: Environment | Law

The 9th Circuit Court of Appeals issued a ruling today in a dispute between the Shoshone-Bannock Tribes of Idaho and the world's largest producer of phosphorous.

The federal government and FMC Corporation entered into an agreement over the operation of a phosphorous plant on the Fort Hall Reservation. The consent decree, which was approved in federal court, required FMC to pay $1.5 million in annual fees to the tribe and apply for permits under tribal law.

When FMC stopped paying the fees after shutting down the plant, the tribe went to court to enforce the consent decree. In March 2006, a federal judge sided with the tribe and noted that FMC entered into a consensual relationship with the tribe and agreed to tribal jurisdiction.

On appeal, the 9th Circuit reversed. The ruling, however, did not focus on tribal jurisdiction over non-Indians but on legal standing.

While the tribe is mentioned throughout the consent decree, the 9th Circuit said the tribe is not a party to it. The court said other provisions of the agreement do not give the tribe standing to enforce it.

The 9th Circuit said the tribe could seek to have the federal government enforce the consent decree. The court also noted that FMC plans to apply for tribal permits for ongoing work at the plant.

As for the jurisdiction over non-Indians issue, "A key dispute (and one that continues through this appeal) is whether FMC’s operations remain subject to tribal jurisdiction," the decision stated.

9th Circuit Decision:
US v. FMC Corporation (June 27, 2008)

Lower Court Decision:
US v. FMC Corporation (March 6, 2006)

Related Stories:
Shoshone-Bannock Tribes win sovereignty ruling (3/14)



Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Indian Country again shares stage on final night of Dem convention (7/29)
Cowlitz Tribe wins major court ruling on land-into-trust application (7/29)
Mashpee Wampanoag Tribe sees setback in land-into-trust dispute (7/29)
Lakota Country Times: Arts program connects with Pine Ridge youth (7/29)
Native Sun News: Native POP celebrates Native artists in Rapid City (7/29)
Clara Caufield: Tribal governments often discourage the free press (7/29)
Denver American Horse: Veterans column in the Lakota language (7/29)
Bryan Newland: Donald Trump's radical view of federal Indian law (7/29)
Tweedy Sombrero Navarrete: Christians call to protect sacred land (7/29)
Navajo Nation lawmaker accuses colleague of sexual harassment (7/29)
Editorial: County still in denial about Chumash Tribe's sovereignty (7/29)
Native Democrats make urgent case for Hillary Clinton as president (7/28)
Mark Trahant: The story is far from over for Senator Bernie Sanders (7/28)
Native Sun News: Indian Health Service eyes new hospital in Rapid (7/28)
Brandon Ecoffey: Oglala Sioux Tribe must start fitness revolution (7/28)
Ivan Star Comes Out: Show respect for sacred Lakota family unit (7/28)
Gyasi Ross: It's gonna be awhile before the first Native president (7/28)
Harlan McKosato: Violence against Native people swept under rug (7/28)
Harold Monteau: Even more lessons in indigenous law and policy (7/28)
Indian Country shares spotlight at Democratic National Convention (7/27)
Recap: Native American Council at Democratic National Convention (7/27)
Lakota Country Times: SuAnne Big Crow Center focuses on fitness (7/27)
Native Sun News: Tribal college showcases works of Lakota artists (7/27)
Vi Waln: Too many of our own people continue to smoke cigarettes (7/27)
Andre Cramblit: Growing wiser in my return to Dartmouth College (7/27)
Indian Country makes presence known at Democratic convention (7/26)
Tim Giago: Questioning the motto of GOP candidate Donald Trump (7/26)
Lakota Country Times: Oglala team lands Indian relay title again (7/26)
Native Sun News: Tribes honor author of Indian Child Welfare Act (7/26)
Delphine Red Shirt: Let's eat food that's always been good for us (7/26)
Peter d'Errico: Luci Tapahonso tackles legacy of boarding schools (7/26)
Donald Trump tried to partner with Agua Caliente Band on casino (7/26)
Native American Council meets at Democratic National Convention (7/25)
Police officer cleared over fatal shooting of Navajo Nation woman (7/25)
Doug George-Kanentiio: Donald Trump and his campaign of hatred (7/25)
Native Sun News: Tribal advocate focuses on Great Plains efforts (7/25)
Lakota Country Times: Descendants of Pine Ridge legend gather (7/25)
Johnny Rustywire: Navajo mother works hard at motel for family (7/25)
Alex Jacobs: Nation finally admits problem with policing and race (7/25)
Dwaine Perry: Ramapough Lunaape Nation marching for justice (7/25)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.