Tribal Property

$3.4 billion settlement in Cobell litigation involving federal mismanagement of individual tribal trust lands

In the late  19th century, the United States took lands from American Indian nations and transferred them to individual tribal members. Those lands were often managed by the federal government through the Bureau of Indian Affairs (BIA) which would arrange to lease the lands for grazing and mining purposes. The U.S. was supposed to pay the royalties to the Indian owners but often did not do so and over time many records were lost. Twenty years of litigation has ended with a settlement by which the US will pay $1.4 billion to class members (roughly $1000 per person) and in addition...

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Two Circuits allow global warming lawsuits against power companies

A federal court in California refused to allow the Native Village of Kivalina to sue 24 energy and utility companies for causing global warming and causing environmental changes that may well require the entire village to relocate. The court held, in Native Village of Kivalina v. Exxon Mobil Corp., 2009 WL 3326113 (N.D. Cal. 2009), that the question was nonjusticiable because it was impossible to prove causation.

However, both the Second and Fifth...

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