The Blackfeet Nation of Montana has asked the 9th Circuit Court of Appeals to rehear a tribal housing case.
In a March 19 decision, the court held the tribe liable for conditions at homes that were built with federal funds. The 2-1 ruling said the tribe waived its sovereign immunity through a housing ordinance.
The tribe disagrees with the decision, which could affect others throughout Indian Country with similar ordinances. A petition for en banc review by the 9th Circuit could resolve the immunity issue as well as provide more clarity to some federal trust responsibility issues in the case.
The plaintiffs are tribal members whose homes have been infested by mold, which can lead to serious health problems.
Get the Story:Blackfeet Nation fights for sovereign rights (Indian Country Today 5/21) 9th Circuit Decision:
Marceau v. Blackfeet Housing Authority (March 19, 2008) Case Documents:
Marceau v. Blackfeet Housing Authority (NCAI-NARF Tribal Supreme Court Project) Related Stories:
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