7 results for 'cat:"Administrative Law" AND cat:"Native Americans"'.
J. Chutkan grants the Department of Human Services' motion to dismiss the Native American community's suit seeking reimbursement for healthcare services provided to veterans. The community lacks standing to bring its suit against the Department, having failed to plausibly allege that its injuries, namely the withholding of reimbursements by the Veterans' Administration, is fairly traceable to the Department or its component agency, the Indian Health Service.
Court: USDC District of Columbia, Judge: Chutkan, Filed On: May 31, 2024, Case #: 1:21cv1401, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, native Americans, Veterans
J. Lange denies a Department of the Interior motion to dismiss an amended complaint involving self-determination contracts under the Tribally Controlled Schools Act of 1988 under which the Lower Brule Sioux Tribe received federal funds to operate tribal schools that otherwise would have been operated by the federal government. The government collected a deficit of funds that the school would have otherwise received after the Tribe used some of the money to fund tribal government operations other than schools. The Tribe also claimed that the government collected more than the total unearned-revenue balance. The alleged overcollection claim in the amended complaint remains but all the claims from the original complaint remain foreclosed.
Court: USDC South Dakota, Judge: Lange, Filed On: April 24, 2024, Case #: 3:21cv3018, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Education, native Americans
J. Tunheim grants motions for summary judgment brought by the EPA, state regulators and major iron and steel industry players in the Native American bands' suit alleging that the agency failed to consider impacts on wild rice and fish protected by treaty rights when it approved Minnesota's 2021 water quality standards. The agency's decision was based on science and data in which it and one of the state regulators are experts, and therefore its decision was not arbitrary or capricious. Minnesota's alleged struggles to implement and enforce those standards are also not a factor that the agency must consider in deciding whether to approve them.
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 29, 2024, Case #: 0:22cv1783, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Environment, native Americans
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free