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FLETCHER v. U.S.

No. 12-5078.

730 F.3d 1206 (2013)

William S. FLETCHER, individually, and as member of the Osage Development Council, and on behalf of himself and all others similarly situated; Charles A. Pratt, individually, and as member of the Osage Development Council, Plaintiffs-Appellants, v. UNITED STATES of America; Department of the Interior; Bureau of Indian Affairs; Sally Jewell, in her official capacity as Secretary of the Interior; Kevin K. Washburn, in his official capacity as Assistant Secretary of the Interior-Indian Affairs, Defendants-Appellees, and Shriners Hospitals for Children, Defendant.

United States Court of Appeals, Tenth Circuit.

September 17, 2013.

Attorney(s) appearing for the Case

Jason B. Aamodt of the Aamodt Law Firm, Tulsa, OK ( G. Steven Stidham , Tulsa, OK; Krystina E. Hollarn and Dallas L.D. Strimple of the Aamodt Law Firm, Tulsa, OK; and Amanda S. Proctor of the Shield Law Group PLC, Tulsa, OK, with him on the briefs), for Plaintiffs-Appellants.

Katherine W. Hazard , Attorney, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C. ( Alan Woodcock , Office of the Solicitor, United States Department of the Interior, Tulsa, OK; Ignacia S. Moreno , Assistant Attorney General, and Joseph H. Kim and John L. Smeltzer , Attorneys, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C., with her on the brief), for Defendants-Appellees.

Before TYMKOVICH, ANDERSON, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

After settlers displaced the Osage Nation from its native lands, the federal government shunted the tribe onto the open prairie in Indian Territory, part of what later became the State of Oklahoma. At the time, the government had no idea those grasslands were to prove a great deal more fertile than they appeared. Only years later did the Osages' mammoth reserves of oil and gas make themselves known. When that happened, the federal government...

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