ONEIDA INDIAN NATION OF NEW YORK, Oneida Tribe of Indians of Wisconsin, Oneida of the Thames, Plaintiffs-Appellees-Cross-Appellants,
United States of America, Intervenor-Plaintiff-Appellee-Cross-Appellant,
v.
COUNTY OF ONEIDA, County of Madison, Defendants-Cross-Appellees,
State of New York, Defendant-Appellant-Cross-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Kathryn E. Kovacs , U.S. Department of Justice, Washington, D.C. ( Ronald J. Tenpas , Acting Assistant Attorney General, Craig Alexander , Elizabeth Ann Peterson , U.S. Department of Justice, Washington, D.C., on the brief, and Thomas Blaser , U.S. Department of the Interior, Washington, D.C., of counsel), for Intervenor-Plaintiff-Appellee-Cross-Appellant United States of America.
Michael R. Smith ( David A. Reiser , on the brief), Zuckerman Spaeder LLP, Washington, D.C., for Plaintiff-Appellee-Cross-Appellant Oneida Indian Nation of New York.
Arlinda F. Locklear , Washington, D.C., for Plaintiff-Appellee-Cross-Appellant Oneida Tribe of Indians of Wisconsin.
Carey R. Ramos , Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, for Plaintiff-Appellee-Cross-Appellant Oneida of the Thames.
David M. Schraver ( David H. Tennant , on the brief), Nixon Peabody LLP, Rochester, NY, for Defendants-Cross-Appellees County of Oneida, County of Madison.
John Dossett and Virginia Davis , National Congress of American Indians, Washington, D.C., and Kim J. Gottschalk , Native American Rights Fund, Boulder, CO, for Amicus Curiae National Congress of American Indians.
Before: McLAUGHLIN, LIVINGSTON, Circuit Judges, and GERSHON, District Judge.
United States Court of Appeals, Second Circuit.
Judge GERSHON concurs in part and dissents in part in a separate opinion.
DEBRA ANN LIVINGSTON, Circuit Judge:
We are once again called upon to consider the availability of relief to Indian nations alleged to have been deprived long ago of their ancestral lands by the State of New York in violation of federal law. We adjudicate these ancient claims, dating back over two hundred years, against the background of over thirty years of litigation here and in the...
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