United States Federal Circuit
The Shoshone Indian Tribe of the Wind River Reservation, Wyoming v. US, 2010-5150
In a consolidated suit by Indian tribes including a claim that the government unlawfully converted oil and gas leases on a reservation from one type to another, dismissal of that claim on statute of limitations grounds is vacated and the case remanded where: 1) the tribes alleged a continuing trespass, so that they could seek damages for trespasses that occurred within six years of the filing of their suit and all trespasses that occurred after filing; and 2) remand was necessary so that the Court of Federal Claims could determine whether the government had a duty to remove trespassers from the leased parcels.
Appellate Information
- Decided 01/09/2012
- Published 01/09/2012
Judges
- O'Malley
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Harry R. Sachse, Richard M. Berley, Joan M. Pepin