No. 21-696

Stand Up for California!, et al. v. Department of the Interior, et al.

Lower Court: District of Columbia
Docketed: 2021-11-10
Status: Denied
Type: Paid
Response Waived
Tags: congressional-termination federal-supervision indian-reorganization-act indian-services land-in-trust land-trust rancheria-termination rancheria-termination-act
Key Terms:
AdministrativeLaw Environmental SocialSecurity Privacy JusticiabilityDoctri
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether the Secretary can acquire land in trust on behalf of Indians whose federal supervision was terminated by Congress

Question Presented (OCR Extract)

QUESTION PRESENTED The California Rancheria Termination Act of 1958 directed the Secretary of the Interior to distribute the land and assets of 41 rancherias to resident Indians. Pub. L. No. 85-671, 72 Stat. 619. The Indians who received a distribution of rancheria property ceased to be eligible for services provided to Indians, and federal statutes affecting Indians no longer applied to them. § 10(b), 72 Stat. 621. The Indians living on the Wilton Rancheria voted to be included in the Act, and federal supervision over them was terminated. Decades later, the Secretary declared that the Wilton Indians were once again entitled to Indian services. The Secretary then acquired land in trust on their behalf under Section 5 of the Indian Reorganization Act of 1934, 25 U.S.C. § 5108, which authorizes the Secretary to acquire land “for the purpose of providing land for Indians.” The question presented is: Whether the Secretary can acquire land in trust on behalf of Indians whose federal supervision was terminated by Congress.

Docket Entries

2022-01-10
Petition DENIED.
2021-12-15
DISTRIBUTED for Conference of 1/7/2022.
2021-12-10
Waiver of right of respondent U.S. Department of the Interior, et al. to respond filed.
2021-11-30
Waiver of right of respondents Wilton Rancheria, California to respond filed.
2021-11-08
Petition for a writ of certiorari filed. (Response due December 10, 2021)

Attorneys

Stand Up for California!, et al.
Jennifer A. MacLeanPerkins Coie LLP, Petitioner
Jennifer A. MacLeanPerkins Coie LLP, Petitioner
U.S. Department of the Interior, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Wilton Rancheria, California
Jessica Lynn EllsworthHogan Lovells US LLP, Respondent
Jessica Lynn EllsworthHogan Lovells US LLP, Respondent