The U.S. Supreme Court has given the Obama administration more time to consider an appeal in a trust law case.
In December 2009, the Federal Circuit Court of Appeals ruled that the Interior Department must provide trust documents to the Jicarilla Apache Nation of
New Mexico. The court ruled that the government's fiduciary obligation to the tribe was greater than the attorney-client privilege.
The Obama administration asked the Federal Circuit to rehear the case but the request was denied. Government attorneys have until August 20 to consider the appeal, according to the Supreme Court docket sheet.
In a separate ruling, the D.C. Circuit Court of Appeals on July 16 said DOI must reconsider a decision over oil and gas royalties owed to the tribe. As much as $6 million is at stake.
The Obama administration has not said whether it would appeal the D.C. Circuit decision.
Turtle Talk has posted documents in the Federal Circuit case, In re United States.
Federal Circuit Decision:
In Re
United States (December 30, 2009)
DC Circuit Decision:
Jicarilla
Apache Nation v. DOI (July 16, 2010)
Related Stories:
Jicarilla Apache Nation hopes to recover $6M in
royalty dispute (7/23)
Appeals court reopens
Jicarilla Apache Nation gas royalty lawsuit (7/19)
Court says government must produce trust documents
(1/13)
Judge rejects Jicarilla Apache gas
royalty lawsuit (4/1)
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