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CROW TRIBE OF INDIANS v. STATE OF MONT.

Nos. 86-3842, 86-3845.

819 F.2d 895 (1987)

The CROW TRIBE OF INDIANS; Forest Horn, a member of the Crow Tribe and Chairman of Crow Tribal Council; Ted Hogan, a member of the Crow Tribe and Secretary of the Crow Tribal Council; Jiggs Yellowtail, a member of the Crow Tribe; Barney Old Coyote, a member of the Crow Tribe, Plaintiff-Appellant, United States of America, Plaintiff-Intervenor, v. STATE OF MONTANA, Defendant-Appellee. The CROW TRIBE OF INDIANS, Plaintiff-Appellant, and United States of America, Plaintiff-Intervenor-Appellant, v. The STATE OF MONTANA, Defendant-Appellee, and Westmoreland; Westmoreland, Westmoreland Resources, Inc., Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 11, 1987.

Attorney(s) appearing for the Case

Clay R. Smith, Helena, Mont., and John W. Ross, Billings, Mont., for defendant-appellee.

Gerald B. Murphy, Billings, Mont., and William A. White, Philadelphia, Pa., for appellees.

Daniel M. Rosenfelt, Albuquerque, N.M., for plaintiffs-appellants.

N. Jean Bearcrane, Billings, Mont., for appellant.

Laura E. Frossard, Washington, D.C., for plaintiff-intervenor-appellant.

Before BROWNING, WRIGHT, and HALL, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

This case, which comes before us a second time, presents two primary issues: (1) does federal action preempt the application of Montana's coal taxes to coal mined on Indian tribal property; and (2) do these taxes infringe unlawfully on the Crow Indians' tribal sovereignty? We answer both questions in the affirmative and reverse the judgment of the district court.

PROCEDURAL HISTORY

This is an appeal by the Crow Tribe...

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