Law

Supreme Court rejects appeals in three tribal cases

Tuesday, October 2, 2007

The U.S. Supreme Court on Monday rejected the first Indian law cases of its new October 2007 term.

Without comment, the justice rejected appeals from three tribes. While the cases did not pose significant national issues, tribes were mainly on the losing end of the stick.

In the first case, the Catawba Nation of South Carolina appealed a state court decision affecting its gaming rights. The tribe argued that the state violated the terms of a land claim settlement by outlawing video poker.

Video poker was legal at the time of the Catawba Land Claims Settlement Act of 1993, which requires the tribe to conduct gaming under state law rather than federal law. But since voters subsequently amended the state constitution to bar the game, the tribe can only offer bingo, a game with dwindling revenues.

With the rejection from the high court, the tribe's recourse now is to amend the settlement act or change the constitution. Both tasks are nearly impossible, given the state's opposition to additional forms of gaming.

In the second case, the Gros Ventre Tribe and the Assiniboine Tribe sought to enforce the federal government's trust duties. Both tribes oppose a cyanide heap-leach gold mine operation upriver from the Fort Belknap Reservation in Montana.

The tribes said several treaties and federal law require the government to protect them from "depredations" on their lands and natural resources. They sued the Bureau of Land Management, the Bureau of Indian Affairs and the Indian Health Service after the BLM approved plans for the gold mines.

But the 10th Circuit Court of Appeals in November 2006 said the tribes lacked a "common law cause of action for breach of trust." The court said nothing in treaties or federal law requires the government to protect the tribes from the actions of a third party

In the last case, two tribes were pitted against each other over fishing rights. The Colville Tribes and the Yakama Nation, both of Washington, dispute the use of a fishery on the Columbia River.

The Colville Tribes asserted rights at the Wenatshapam Fishery on behalf of the Wenatchi Tribe. The Yakama Nation, however, obtained an injunction to block the Wenatchi from fishing and to prevent the Colville Tribes from litigating on behalf of the Wenatchi.

The 9th Circuit Court of Appeals overturned the injunction in December 2006. The court didn't rule on the merits of the dispute, leaving it to a federal judge to determine which tribes can fish at the Wenatshapam Fishery.

In other news from the docket, the Supreme Court is awaiting word from the Bush administration about a case involving the Confederated Colville Tribes of Washington. The 9th Circuit ruled that a Canadian company can be held liable for polluting the reservation under the federal Superfund law.

The company, Teck Cominco, hired Ted Olson, a former Bush administration official, to fight the ruling. The Supreme Court has asked the Department of Justice, where Olson used to work, for its views on the case.

Another case pending involves mixed-blood members of the Ute Tribe of Utah who were terminated in the 1950s. The state Supreme Court said the terminated Utes are not legally Indian so they can be prosecuted by the state for violating hunting laws.

Rickie L. Reber and his son were arrested for hunting within the boundaries of the Uintah and Ouray Reservation. The state court said they are to be treated as non-Indians since they are not members of a federally recognized tribe.

Relevant Documents:
Supreme Court Order List (October 1, 2007)

Catawba Nation v. South Carolina:
Docket Sheet | Petition | Brief in Opposition | Reply | More Documents from NARF

Gros Ventre Tribe v. US:
Docket Sheet | Petition | Brief in Opposition | 9th Circuit Opinion | More Documents from NARF

Yakama Nation v. Colville Tribes:
Docket Sheet | Petition | Brief in Opposition | 9th Circuit Opinion

Relevant Links:
Supreme Court - http://www.supremecourtus.gov
NARF-NCAI Tribal Supreme Court Project - http://doc.narf.org/sc/index.html
SCOTUS Blog - http://www.scotusblog.com