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MONTANA v. CROW TRIBE

No. 96-1829.

523 U.S. 696 (1998)

MONTANA et al. v. CROW TRIBE OF INDIANS et al.

United States Supreme Court.

Decided May 18, 1998.

Attorney(s) appearing for the Case

Clay R. Smith, Solicitor of Montana, argued the cause for petitioners. With him on the briefs were Joseph P. Mazurek, Attorney General, James E. Torske, Carter G. Phillips, Paul E. Kalb, and Christine A. Cooke.

Robert S. Pelcyger argued the cause and filed a brief for respondent Crow Tribe of Indians.

Jeffrey A. Lamken argued the cause for the United States. With him on the brief were Solicitor General Waxman, As- sistant Attorney General Schiffer, Deputy Solicitor General Kneedler, and James C. Kilbourne.*

Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Scalia, Kennedy, Thomas, and Breyer, JJ., joined. Souter, J., filed an opinion concurring in part and dissenting in part, in which O'Connor, J., joined, p. 719.

Justice Ginsburg, delivered the opinion of the Court.

This case originated in 1978 when the Crow Tribe sought to enjoin the State of Montana and its counties from taxing coal extracted from mines held by the United States in trust for the Tribe. Having succeeded in that endeavor, the Tribe and the United States now seek to recover coal-related taxes once paid to the State and counties by Westmoreland Resources, Inc., a nontribal enterprise that mined coal under a...

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