1. Home
  2. Browse Decisions
  3. F.3d
  4. 697 F.3d
  5. 697 F.3d 886 (2012)
 

GILA RIVER INDIAN COMMUNITY v. U.S.

Nos. 11-15631, 11-15633, 11-15639, 11-15641, 11-15642.

697 F.3d 886 (2012)

GILA RIVER INDIAN COMMUNITY, a federally recognized Indian Tribe; Delvin John Terry; Celestino Rios; Brandon Rios; Damon Rios; Cameron Rios, Plaintiffs, John McComish, Arizona Legislature, Majority Leader; Chuck Gray, Arizona Legislature, Senate Majority Leader; State of Arizona; Kirk Adams, Arizona Legislature, Speaker of the House, Intervenor-Plaintiffs, and City of Glendale; Michael Socaciu; Gary Hirsch, Plaintiffs-Appellants, v. UNITED STATES of America; United States Department of the Interior; Kenneth Lee Salazar, in his official capacity as United States Secretary of the Interior; Larry Echo Hawk, in his official capacity as the Assistant Secretary for Indian Affairs of the United States Department of the Interior, Defendants-Appellees, Tohono O'Odham Nation, Intervenor-Defendant-Appellee. Gila River Indian Community, a federally recognized Indian Tribe; City of Glendale; Michael Socaciu; Delvin John Terry; Celestino Rios; Brandon Rios; Damon Rios; Cameron Rios; Gary Hirsch, Plaintiffs, John McComish, Arizona Legislature, Majority Leader; Chuck Gray, Arizona Legislature, Senate Majority Leader; Kirk Adams, Arizona Legislature, Speaker of the House, Petitioners-intervenors, and State of Arizona, Intervenor-Plaintiff-Appellant, v. United States of America; United States Department of the Interior; Kenneth Lee Salazar, in his official capacity as United States Secretary of the Interior; Larry Echo Hawk, in his official capacity as the Assistant Secretary for Indian Affairs of the United States Department of the Interior, Defendants-Appellees, Tohono O'Odham Nation, Intervenor-Defendant-Appellee. Gila River Indian Community, a federally recognized Indian Tribe, Plaintiff-Appellant, and City of Glendale; Michael Socaciu; Delvin John Terry; Celestino Rios; Brandon Rios; Damon Rios; Cameron Rios, Gary Hirsch, Plaintiffs, John McComish, Arizona Legislature, Majority Leader; Chuck Gray, Arizona Legislature, Senate Majority Leader; State of Arizona, Kirk Adams, Arizona Legislature, Speaker of the House, Intervenor-Plaintiffs, v. United States of America; United States Department of the Interior; Kenneth Lee Salazar, in his official capacity as United States Secretary of the Interior; Larry Echo Hawk, in his official capacity as the Assistant Secretary for Indian Affairs of the United States Department of the Interior, Defendants-Appellees, Tohono O'Odham Nation, Intervenor-Defendant-Appellee. Gila River Indian Community, a federally recognized Indian Tribe; City of Glendale; Michael Socaciu, Gary Hirsch, Plaintiffs, John McComish, Arizona Legislature, Majority Leader; Chuck Gray, Arizona Legislature, Senate Majority Leader; State of Arizona, Kirk Adams, Arizona Legislature, Speaker of the House, Intervenor-Plaintiffs, and Delvin John Terry; Celestino Rios; Brandon Rios; Damon Rios; Cameron Rios, Plaintiffs-Appellants, v. United States of America; United States Department of the Interior; Kenneth Lee Salazar, in his official capacity as United States Secretary of the Interior; Larry Echo Hawk, in his official capacity as the Assistant Secretary for Indian Affairs of the United States Department of the Interior, Defendants-Appellees, Tohono O'Odham Nation, Intervenor-Defendant-Appellee. Gila River Indian Community, a federally recognized Indian Tribe; City of Glendale; Michael Socaciu; Delvin John Terry; Celestino Rios; Brandon Rios; Damon Rios; Cameron Rios, Gary Hirsch, Plaintiffs, State of Arizona, Intervenor-Plaintiff, and John McComish, Arizona Legislature, Majority Leader, Chuck Gray, Arizona Legislature, Senate Majority Leader, Kirk Adams, Arizona Legislature, Speaker of the House, Andy Tobin, House Majority Whip, Intervenor-Plaintiff-Appellants, v. United States of America; United States Department of the Interior; Kenneth Lee Salazar, in his official capacity as United States Secretary of the Interior; Larry Echo Hawk, in his official capacity as the Assistant Secretary for Indian Affairs of the United States Department of the Interior, Defendants-Appellees, Tohono O'Odham Nation, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2012.

Attorney(s) appearing for the Case

Patricia A. Millet , Akin Gump Strauss Hauer & Feld, Washington, D.C., for plaintiff-appellant Gila River Indian Community; Catherine E. Stetson , Hogan Lovells, Washington, D.C., for plaintiff-appellant City of Glendale; David R. Cole , Dep. State Atty. Gen., Phoenix, AZ, for plaintiffintervenor-appellant State of Arizona.

Aaron P. Avila , Dep't. of Justice, Washington, D.C., for defendants-appellees the United States of America, et al.; Seth P. Waxman , Wilmer Cutler Pickering Hale and Dorr, Washington, D.C., for defendant-intervenor-appellee the Tohono O'Odham Nation.

Opinion by Judge McKEOWN; Dissent by Judge N.R. SMITH.

OPINION

McKEOWN, Circuit Judge:

This case illustrates the nuances of our federalist system of government, pitting Indian tribe against Indian tribe, and State and local governments against the federal government and an Indian tribe. The City of Glendale and various other parties ("Glendale") seek to set aside the Department of the Interior's decision to accept in trust, for the benefit of the Tohono O'Odham Nation ("the Nation"), a 54-acre parcel of land...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases