US Supreme Court Docket
that may be viewed using AdobeReader.
No. 07-1410
Title:
United States v. Navajo Nation
Subject:
Indian Law, Indian Mineral Leasing Act
Question:
The Indian Mineral Leasing Act of 1938 (IMLA), 25 U.S.C. 396a et seq., and its
implementing regulations authorize Indian Tribes, with the approval of the Secretary
of the Interior, to lease tribal lands for mining purposes. In a previous decision in
this case, United States v. Navajo Nation, 537 U.S. 488 (2003) (Navajo), this Court
held that the Secretary’s actions in connection with Indian mineral lease
amendments containing increased royalty rates negotiated by the Navajo Nation did
not breach a fiduciary duty found in IMLA or other relevant statutes or regulations.
The court of appeals held on remand that the Secretary’s conduct breached duties
linked to sources of law that had been briefed to this Court but not expressly
discussed in Navajo. The questions presented are:
1. Whether the court of appeals’ holding that the United States breached fiduciary
duties in connection with the Navajo coal lease amendments is foreclosed by
Navajo.
2. If Navajo did not foreclose the question, whether the court of appeals properly
held that the United States is liable as a matter of law to the Navajo Nation for up to
$600 million for the Secretary’s actions in connection with his approval of
amendments to an Indian mineral lease based on several statutes that do not
address royalty rates in tribal leases and common-law principles not embodied in a
governing statute or regulation.
Decisions:
- U.S. Court of Appeals - Federal Circuit, Opinion Filed: September 13, 2007
Resources:
- Docket Sheet from the U.S. Supreme Court.
-
Coming Soon
For Petitioner:
For Respondent:Elena Kagan
Office of the Solicitor General
Washington, DC
Carter G. Phillips
Sidley Austin LLP
Washington, DC
To view PDF files listed on this page you will need Adobe Acrobat Reader
