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ALABAMA-COUSHATTA TRIBE OF TEXAS v. U.S.

No. 13-40644.

757 F.3d 484 (2014)

The ALABAMA-COUSHATTA TRIBE OF TEXAS, Plaintiff-Appellant, v. UNITED STATES of America; Thomas James Vilsack, in his capacity as Secretary of the United States Department of Agriculture; Sally Jewell, in her capacity as Secretary of the United States Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 9, 2014.

Attorney(s) appearing for the Case

Scott David Crowell, Esq. (argued), Crowell Law Offices, Sedona, AZ, Andy Taylor, Esq. , Andy Taylor & Associates, P.C., Brenham, TX, for Plaintiff-Appellant.

Matthew Littleton (argued), Trial Attorney, Stephen Richard Terrell , U.S. Department of Justice, Washington, DC, for Defendants-Appellees.

Before STEWART, Chief Judge, DENNIS and ELROD, Circuit Judges.

CARL E. STEWART, Chief Judge:

The Alabama-Coushatta Tribe of Texas brought suit against the United States and various federal agencies alleging inter alia violations of the Administrative Procedures Act and federal common law. The district court granted the Government's motion to dismiss for lack of subject matter jurisdiction. Because we hold that the Tribe has failed to allege "agency action" sufficient to meet the standards required for waiver of the Government...

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