"Elouise Cobell, the lead plaintiff in a class-action lawsuit against the Interior Department, welcomed a federal judge's order this week granting an appeal on behalf of hundreds of thousands of Native landowners across the country.

“If this opinion was fair, I'd like to be out of court, but we certainly can't let a decision like this stand,” said Cobell, a national community development expert from the Blackfeet Reservation. “It's factually and legally wrong so we have to challenge it. We're ready to go the long haul to make sure we have fairness to all the plaintiffs.”

On Aug. 7, U.S. District Judge James Robertson issued a final ruling in the 12-year-old case, Cobell vs. Interior, awarding $455.6 million judgment to Native landowners who have thousands of Individual Indian Money accounts managed by the Interior Department.

Robertson said he would grant an appeal in the Cobell suit because of “substantial ground for difference of opinion.” He also said an immediate appeal would ultimately bring an end to the long-running litigation.

Cobell filed suit in 1996 with the hope of receiving an historical accounting from the Interior Department, which has been responsible for collecting money earned from natural resources on more than 11 million of acres of Indian land. Lawyers for Cobell argued that upward of $47 billion had not been collected or properly distributed to landowners.

In deciding the final settlement amount, Robertson asked Cobell's lawyers to prove how the government had benefited from using - and not distributing - Native landowner money. In their appeal, lawyers for Cobell are arguing the judge did not have jurisdiction to determine the federal benefits.

The lawyers are also disputing the court's decision to exclude valuable mineral payments involving the Osage Nation in Oklahoma."

Get the Story:
Federal judge grants appeal of Cobell judgment (The Missoulian 9/9)

Certification for Appeal:
Cobell v. Kempthorne (September 4, 2008)

Historical Accounting Decision:
Cobell v. Kempthorne (August 7, 2008)

Related Stories:
Judge certifies appeal of Cobell accounting decision (9/5)
Cobell headed to appeals court to resolve $455.6M (8/29)
Judge to hold first hearing after Cobell decision (8/28)
Howard Dean slams McCain for treatment of Cobell (8/26)
Native finance group supports appeal in Cobell case (8/20)
Off the Reservation: Cobell ruling a slap in the face (8/15)
Jodi Rave: Interior can't find owners of $73M (8/13)
Cobell to appeal $455.6M ruling 'as soon as possible' (8/13)
Jodi Rave: Cobell to appeal $455.6M decision (8/11)
Cobell final ruling of $455.6M disappoints (8/8)
Judge issues final ruling in Cobell trust case (8/7)
Judge to issue final ruling in Cobell case in August (06/26)
Judge to hear final arguments in landmark Cobell trial (06/25)
Washington law firm invests millions in Cobell case (6/23)
Final ruling in Cobell case expected by mid-July (6/20)
En Francais: Elouise Cobell ready for battle (6/19)
Osage Nation seeks to intervene in Cobell case (6/19)
Cobell judge won't rule early on final trial (6/18)
Cobell to appear on NPR program 'Tell Me More' (6/16)
Jodi Rave: Testimony continues in historic Cobell trial (6/16)
Letter: Indians kept poor by federal government (6/16)
Osage trust funds at issue in Cobell lawsuit (6/13)
Editorial: $58B trust payout more than fair (6/13)
Editorial: Indians short-changed by trustee (6/13)
Cobell plaintiffs rest case in trust fund trial (6/12)
Cobell plaintiffs focus on $58B claim at trial (6/11)
Trial seeks to resolve Indian trust fund lawsuit (6/11)
Judge opens landmark trial in Cobell trust fund case (6/10)
Jodi Rave: Cobell happy with opening day of trial (6/10)
Jodi Rave: Cobell trial begins in Washington DC (6/9)
Cobell trust fund case set for final trial (6/3)
After six-plus years, BIA website finally online (05/27)
BIA to be fully online in a couple of months (5/21)
Interior heads back online after disconnect (5/15)
Judge issues pre-trial order in Cobell trust case (5/13)
Bush administration responds to Cobell $58B claim (04/11)
'Rough justice' seen in resolving Cobell case (4/7)
House panel threatens Cobell accounting cut (4/4)
Letter: A small spark of justice in Cobell case (3/31)
Cobell plaintiffs say $58B owed for Indian trust (3/21)
Cobell case set for resolution in court (3/6)
Judge sets June 9 trial to resolve Cobell case (3/5)
Judge to hold Cobell hearing this Wednesday (3/3)
Next hearing in Cobell case set for March 5 (02/21)
Resolution appears near in Cobell trust case (2/19)
Editorial: Settle 'botched' Indian trust fund (02/06)
Editorial: Settle the Indian trust fund lawsuit (2/4)
Kempthorne reiterates $7B Indian trust offer (2/1)
Editorial: A remedy for 'neglect' of Indian trust (2/1)
Cobell: 'Great day in Indian Country' (1/31)
Judge: Cobell historical accounting 'impossible' (1/30)
Cobell statement on historical accounting decision (1/30)
Jim Cason: Historical accounting facts (01/18)