United States Ninth Circuit

Dismissal for lack of jurisdiction of Indian tribes' claims alleging that the government had violated trust obligations by authorizing and planning to expand certain gold mines is affirmed where: 1) nothing within the statutes or treaties cited by the tribes imposed a specific duty on the government to manage non-tribal resources for their benefit; 2) because the tribes do not have a common law claim for breach of trust, they must rely on the APA for a private right of action; and 3) applying the APA to the claims, dismissal was proper.

Appellate Information

• Argued 06/06/2006
• Decided 11/13/2006
• Published 11/13/2006

Judges

• TALLMAN, Circuit Judge:, Before: TALLMAN and BYBEE, Circuit Judges, and HUFF, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael D. Axline, Western Environmental Law Center, Sacramento, CA, for the plaintiffs-appellants.


• For Appellees:
  
• John E. Arbab, Trial Attorney, Department of Justice, Environment and Natural Resources Division, Washington, D.C., for the defendants-appellees.