The Nisqually Tribe can't challenge a tobacco tax agreement between two other tribes and the state of Washington, the 9th Circuit Court of Appeals ruled on Monday.

The Nisqually Tribe sued after Frank's Landing Indian Community entered into a contract with the Squaxin Island Tribe to sell cigarettes. The state of Washington allowed the sales as part of its tobacco compact with the Squaxin Island Tribe.

Frank's Landing Indian Community isn't a federally recognized tribe but has been identified by Congress as a “self-governing dependent Indian Community." The 9th Circuit pointed out that Frank's Landing isn't subject to the jurisdiction of other tribes -- such as the Nisqually.

The 9th Circuit also said the Nisqually Tribe lacks a cause of action to bring a lawsuit under federal law or state law.

9th Circuit Decision:
Nisqually Indian Tribe v. Gregoire (October 4, 2010)

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