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HOOPA VALLEY TRIBE v. U.S.

No. 2009-5084.

597 F.3d 1278 (2010)

HOOPA VALLEY TRIBE on its own behalf, and in its capacity as parens patriae on behalf of its members, Oscar Billings, Benjamin Branham, Jr., William F. Carpenter, Jr., Margaret Mattz Dickson, Freedom Jackson, William J. Jarnaghan, Sr., Joseph Lemieux, Clifford Lyle Marshall, Leonard Masten, Jr., Danielle Vigil-Masten, Lila Carpenter and Elton Baldy, Plaintiffs-Appellants, v. UNITED STATES, Defendant/Third Party Plaintiff-Appellee, v. Yurok Tribe, Third Party Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 9, 2010.

Attorney(s) appearing for the Case

Thomas P. Schlosser, Morisset, Schlosser & Jozwiak, of Seattle, Washington, argued for plaintiffs-appellants. With him on the brief was Thane D. Somerville.

Mary Gabrielle Sprague, Attorney, Environment & Natural Resources, Appellate Section, United States Department of Justice, of Washington, DC, argued for defendant/third party plaintiff-appellee. With her on the brief was John C. Cruden, Acting Assistant Attorney General.

Jonathan L. Abram, Hogan & Hartson LLP, of Washington, DC, argued for third party defendant-appellee.

Opinion for the court filed by Circuit Judge MOORE. Dissenting opinion filed by Circuit Judge FRIEDMAN.

MOORE, Circuit Judge.

The Hoopa Valley Tribe, on its own behalf and acting as parens patriae, and twelve members of the Hoopa Valley Tribe (collectively, Hoopa Valley) appeal from a final decision of the United States Court of Federal Claims. See Hoopa Valley Tribe v. United States, 86 Fed.Cl. 430 (2009). The Court of Federal Claims held that Hoopa Valley lacks standing to challenge the distribution of trust funds to the Yurok Tribe, and the court entered...

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