The
U.S. Supreme
Court on Friday agreed to hear
US
v. Jicarilla Apache Nation, a fiduciary trust case.
The
Jicarilla Apache Nation of
New Mexico sued the federal government for breach of trust. During the litigation, the tribe asked the
Interior Department to produce certain documents.
Interior refused but the
Federal Circuit Court of Appeals ruled that the government must provide the documents because fiduciary obligation to the tribe was greater than the attorney-client privilege.
The Obama administration, however, appealed and the justices accepted the petition in an
order list released on Friday.
Justice Elena Kagan, the newest member of the Supreme Court, did not take part in the consideration or the decision of the petition. She served as Solicitor General at the
Department of Justice when the case was in the lower courts.
In a separate ruling, the
D.C. Circuit Court of
Appeals last July said Interior must reconsider a decision over oil and gas
royalties owed to the tribe. As much as $6 million is at stake.
The Supreme Court has already heard one fiduciary trust case this term,
US v. Tohono O'odham Nation. The decision will determine whether a tribe can sue for an historical accounting in a federal district court at the same time it pursues a damages claim in the
U.S. Court of Federal
Claims.
Federal Circuit Decision:
In
Re United States (December 30, 2009)
DC Circuit Decision:
Jicarilla
Apache Nation v. DOI (July 16, 2010)
Related Stories:
Levi Pesata: Obama should withdraw appeal in tribal trust case
(10/1)
Supreme Court
approves extension in Jicarilla Apache trust case (8/18)
Supreme Court approves extension for Jicarilla
Apache trust ruling (8/2)
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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