MERRION v. JICARILLA APACHE TRIBE

No. 80-11.

455 U.S. 130 (1982)

MERRION ET AL., DBA MERRION & BAYLESS, ET AL. v. JICARILLA APACHE TRIBE ET AL.

Supreme Court of United States.

Decided January 25, 1982


Attorney(s) appearing for the Case

Jason W. Kellahin reargued the cause for the petitioners in No. 80-11. With him on the briefs were Bruce D. Black, Thomas H. Burton, and John Wimbish. John R. Cooney reargued the cause for petitioners in No. 80-15. With him on the briefs were Mark B. Thompson III, John H. Pickering, Samuel A. Stern, R. H. Landt, and Richard L. Marlar.

Deputy Solicitor General Claiborne reargued the cause for respondent Secretary of the Interior in both cases. With him on the brief on reargument were Acting Solicitor General Wallace and Assistant Attorney General Dinkins. With him on the brief on the original argument were Solicitor General McCree, Acting Assistant Attorney General Liotta, Edwin S. Kneedler, Jacques B. Gelin, and Martin W. Matzen. Robert J. Nordhaus reargued the cause for respondents Jicarilla Apache Tribe et al. in both cases. With him on the briefs were B. Reid Haltom and Terry D. Farmer.

Briefs of amici curiae urging affirmance were filed by Harry R. Sachse, Reid Peyton Chambers, Charles A. Hobbs, Robert A. Warden, Lawrence White, and Steven S. Anderson for the Council of Energy Resource Tribes et al.; and by George P. Vlassis for the Navajo Tribe of Indians.


JUSTICE MARSHALL delivered the opinion of the Court.

Pursuant to long-term leases with the Jicarilla Apache Tribe, petitioners, 21 lessees, extract and produce oil and gas from the Tribe's reservation lands. In these two consolidated cases, petitioners challenge an ordinance enacted by the Tribe imposing a severance tax on "any oil and natural gas severed, saved and removed from Tribal lands." See Oil and Gas Severance Tax...

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