The D.C. Circuit Court of Appeals on Thursday issued an administrative stay of a ruling that requires the Interior Department to notify Indian beneficiaries of failures in trust management.
The stay was issued to give the appeals court more time to review the July 12 ruling from
U.S. District Judge Royce Lamberth. In a 34-page decision, he blasted the government for failing to live up to its trust responsibilities and ordered Interior to provided notices that acknowledge this record.
The Bush administration filed a notice of appeal and a motion for emergency stay on Monday.
Attorneys for Interior Secretary Gale Norton claim that providing the notices to Indian beneficiaries will harm them rather than help them make decisions.
In a one-page per curiam order, the D.C. Circuit noted that its administrative stay is not based on the merits.
Appeals Court Order:
Cobell v. Norton (July 28, 2005)
Lamberth Decision:
Cobell
v. Norton (July 12, 2005)
Relevant Links:
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Cobell
v. Norton, Department of Justice - http://www.usdoj.gov/civil/cases/cobell/index.htm
Related Stories:
Judge blasts Interior on handling of trust
(7/13)
Elouise Cobell: Principles
put trust back into trust fund (07/07)
Cobell and Cason to appear on C-SPAN program
(7/6)
Cobell calls for settlement of
trust fund lawsuit (7/5)
Editorial:
Resolution of trust fund debacle needed (7/5)
Editorial: Abramoff scandal can't compare to trust
(6/30)
Opinion: Downfall of Indians
traced to Army, BIA (6/28)
Pombo
supports settlement of Cobell trust fund case (6/27)
Harjo: Tribes lobby to fleece their own people
(6/24)
Editorial: Congress should settle
trust fund (6/24)
Editorial: Trust fund
a 'national embarassment' (6/22)
Indian
Country united on trust reform solutions (6/21)
Trust workgroup to outline Cobell settlement goals
(6/17)
Echohawk optimistic on settlement
of Cobell case (06/03)
Final trust
reform meeting held in North Dakota (6/3)
UTTC hosts meeting on trust reform legislation
(6/1)
House panel acts to restore Bush budget
cuts (05/05)
NCAI and ITMA hold second
trust reform meeting (05/04)
Bush
administration won't give up fight on Cobell (03/18)
McCain weighs GAO probe of Indian trust debacle
(03/10)
McCain lays out Indian agenda for
109th Congress (3/7)
Norton won't testify
on trust fund retaliation (2/28)
Bush
official won't accept claims of trust mismanagement (02/17)
Appeals court won't hold back Lamberth on trust
reform (12/13)
Appeals court supports
Lamberth's authority on IT (12/06)
Lamberth critical of Norton's 'bad faith' on trust
fund (10/25)
Interior denies attempt to
halt trust fund payments (10/05)
Bush
administration challenges trust fund ruling (09/16)
Appeals court takes on Cobell trust fund case
(9/15)
Lamberth exchanges harsh words
with Cobell critic (08/02)
Bush
administration calls for end to Cobell case (04/09)
Cobell trust fund suit mediators announced
(4/6)
DOI's Internet connection shut
down for third time (03/16)
Lamberth
defends special master against attack (03/16)
Anderson praises Cobell suit in NCAI speech
(2/25)
Tribes still frustrated on
trust reform (11/20)
Bush officials
blasted by tribal leaders (11/19)
Cobell plaintiffs disputing trust fund rider
(11/17)
Daschle criticizes
'shameful' rider in DOI budget bill (11/04)
Norton welcomes time-out in Cobell trust fund
case (11/4)
Bush official
balks at large settlement for Cobell (7/10)
Appeals court stays Lamberth order on notices
Friday, July 29, 2005
Trending in News
1 Tribes rush to respond to new coronavirus emergency created by Trump administration
2 'At this rate the entire tribe will be extinct': Zuni Pueblo sees COVID-19 cases double as first death is confirmed
3 Arne Vainio: 'A great sickness has been visited upon us as human beings'
4 Arne Vainio: Zoongide'iwin is the Ojibwe word for courage
5 Cayuga Nation's division leads to a 'human rights catastrophe'
2 'At this rate the entire tribe will be extinct': Zuni Pueblo sees COVID-19 cases double as first death is confirmed
3 Arne Vainio: 'A great sickness has been visited upon us as human beings'
4 Arne Vainio: Zoongide'iwin is the Ojibwe word for courage
5 Cayuga Nation's division leads to a 'human rights catastrophe'