{"id":4723,"date":"2020-05-11T15:26:49","date_gmt":"2020-05-11T19:26:49","guid":{"rendered":"https:\/\/www.indianz.com\/covid19\/?p=4723"},"modified":"2020-05-11T15:35:16","modified_gmt":"2020-05-11T19:35:16","slug":"cares-act-litigation-6","status":"publish","type":"post","link":"https:\/\/indianz.com\/covid19\/2020\/05\/11\/cares-act-litigation-6\/","title":{"rendered":"CARES Act Litigation"},"content":{"rendered":"
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Secretary of the Treasury Steven Mnuchin speaks with members of the press Friday, March 13, 2020, outside of the West Wing of the White House. (Official White House Photo by Keegan Barber)<\/p><\/div>\n

A federal judge on May 11, 2020, declined to order the Trump administration to “immediately” distribute the entirety of the $8 billion coronavirus relief fund <\/span>that was promised to tribal governments more than a month ago.<\/span><\/p>\n

The Department of the Treasury began distributing a portion of the $8 billion last week. More than $4.3 billion has gone out so far, according to public documents and statements made in court.<\/p>\n

But even though the Secretary of the Treasury Steve Mnuchin is possibly “months” away from figuring out how to distribute the remainder,  Judge Amit P. Mehta said he would not issue an order as requested by the plaintiffs in Agua Caliente Band of Cahuilla Indians v. Mnuchin<\/em>.<\/p>\n

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“Undoubtedly, the COVID-19 pandemic presents a national public health emergency that is without precedent in modern times, and the Title V funds at issue are clearly needed by Indian tribes to combat the pandemic\u2019s effects,” Mehta wrote in the 16-page decision.<\/p>\n

“Plaintiffs, however, have not carried their burden to show that the Secretary\u2019s delay thus far is so egregious as to warrant mandamus relief today,” Mehta observed.<\/p>\n

“But that does not mean the Secretary enjoys an indefinite period to carry out Congress\u2019s command,” the judge added.  “This matter remains pending, and Plaintiffs are free to renew their motion should the Secretary continue to delay in distributing the remaining emergency funds.”<\/p>\n