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UPSTATE CITIZENS FOR EQUALITY, INC. v. U.S.

Docket Nos. 15-1688, 15-1726 August Term, 2016.

841 F.3d 556 (2016)

UPSTATE CITIZENS FOR EQUALITY, INC., David Brown Vickers, Richard Tallcot, Scott Peterman, Daniel T. Warren, Town of Vernon, New York, Town of Verona, Abraham Acee, Arthur Strife, Plaintiffs-Appellants, v. UNITED STATES of America, individually, and as trustee of the goods, credits and chattels of the federally recognized Indian nations and tribes situated in the State of New York, Sally M.R. Jewell, in her official capacity as secretary of the U.S. Department of the Interior, Michael L. Connor, in his official capacity as Deputy Secretary of the U.S. Department of the Interior and exercising his delegated authority as assistant Secretary of the Interior for Indian Affairs, Elizabeth J. Klein, in her official capacity as Associate Deputy Secretary of the Interior for Indian Affairs, United States Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 9, 2016.

Attorney(s) appearing for the Case

DAVID BROWN VICKERS , Fayetteville, NY, for Upstate Citizens for Equality, Inc., David Brown Vickers, Richard Tallcot, Scott Peterman and Daniel T. Warren.

CORNELIUS D. MURRAY , O'Connell and Aronowitz, Albany, NY, for Town of Vernon, Town of Verona, Abraham Acee and Arthur Strife.

J. DAVID GUNTER II ( John C. Cruden , Steven Miskinis , Jennifer Turner , on the brief), United States Department of Justice, Washington, DC, for United States of America, individually, and as trustee of the goods, credits and chattels of the federally recognized Indian nations and tribes situated in the State of New York, Sally M.R. Jewell, in her official capacity as Secretary of the U.S. Department of the Interior, Michael L. Connor, in his official capacity as Deputy Secretary of the U.S. Department of the Interior and exercising his delegated authority as Assistant Secretary of the Interior for Indian Affairs, Elizabeth J. Klein, in her official capacity as Associate Deputy Secretary of the Interior for Indian Affairs, United States Department of the Interior.

Before: Livingston, Chin, and Carney, Circuit Judges.

This case is the latest in a long line of lawsuits in our Circuit regarding the efforts of the Oneida Indian Nation of New York ("the Tribe") to assert tribal jurisdiction over a portion of its indigenous homeland in central New York State.1 After the

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