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
Dynamic Homes
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:
Secretary Zinke confirms role in talking to tribes about border wall (3/29)
Senate Committee on Indian Affairs approves five bills at meeting (3/29)
Native Sun News Today: City aims to keep Native homeless safe (3/29)
Elizabeth Cook-Lynn: Indians still don't matter in South Dakota (3/29)
Ray Cook: Unity lost after #NoDAPL camps close in North Dakota (3/29)
Northern Cheyenne Tribe sues Interior Department for coal policy (3/29)
Blackfeet Nation students enjoy surprise visit by Michelle Obama (3/29)
Coalition to Stop Violence Against Native Women hosts summit (3/29)
Cherokee Nation donates a record $5M to public school districts (3/29)
Authorities investigate remains uncovered on Crow Reservation (3/29)
Little River Band breaks ground on $170M housing development (3/29)
Mohegan Tribe enters partnership with celebrity barbecue chef (3/29)
Judge holds UPS liable for transporting Indian tobacco products (3/29)
Airline pays $1.3M to compensate tribe for plane crash in Brazil (3/29)
Choctaw Nation opens doors to travel center and gaming facility (3/29)
Non-Indian casino in Massachusetts hits construction milestone (3/29)
Trump boasts about approvals for Dakota Access and Keystone XL (3/28)
Standing Rock Sioux Tribe acknowledges 'setback' in pipeline war (3/28)
Cheyenne River Sioux Tribe continues to battle pipeline in court (3/28)
Judge orders removal of gas pipeline on Indian land in Oklahoma (3/28)
Stockbridge-Munsee leader delivers tribal address in Wisconsin (3/28)
Doug George-Kanentiio: Peacemaking in the era of Donald Trump (3/28)
Native Sun News Today: Trump purge fails to affect South Dakota (3/28)
Victor Swallow: When the Air Force bomber crashed at Pine Ridge (3/28)
Charles Kader: Courts close their doors to unrecognized groups (3/28)
Whiteclay liquor licenses under review amid outcry in Nebraska (3/28)
Cowlitz Tribe brings Michael Jordan's Steakhouse to new casino (3/28)
Sycuan Band starts work on $226M expansion of gaming facility (3/28)
Seminole Tribe accuses state of breaking gaming compact again (3/28)
Colville Tribes hail 'historic victory' on aboriginal hunting rights (3/27)
Dakota Access confirms pipeline about to go into service with oil (3/27)
Senate Committee on Indian Affairs considers new round of bills (3/27)
Witness list for hearing on diabetes prevention and Native youth (3/27)
Tim Giago: There's a smell of treason in the air in nation's capital (3/27)
Mark Trahant: The fight ahead for the future of Indian health care (3/27)
Bill John Baker: Woman play important roles in Cherokee Nation (3/27)
Brian Lightfoot Brown: One last victory for the Narragansett Tribe (3/27)
Native Sun News Today: Oglala Sioux Tribe questions loss of funds (3/27)
James Giago Davies: Troubled times are coming to Lakota country (3/27)
Sarah Van Gelder: Huge bank divests from Dakota Access Pipeline (3/27)
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.