CHEMEHUEVI INDIAN TRIBE v. JEWELL

No. 12-56836.

767 F.3d 900 (2014)

CHEMEHUEVI INDIAN TRIBE; Tiffany T. Adams; Dusti Rose Bacon; Michelle DeLores Barrett; Juana Bush; Angela Carrillo; John Devilla; Waco Escobar; Mark Eswonia; Emmanuel Evans; Tony Fixel; Rikki Harper; Jesse Seymore Gordon; Leona Gordon; John Hernandez; Hope Hinman; Evangelina Hoover; Angela Marie Jones; Sharon Melissa Kaseman; Brian Kellywood; Joseph Alan Lusch, Jr.; Steven Dale Maderos; Ramon Campass Martinez; Michelle Mendoza; Howard Irving Peach; Sierra Pencille; Ramona Madalene Powell; Christina Ray; Richard Sandate, Jr.; Roberta Sestiaga; Tito Katts Smith; Adam Trujillo, Jr.; Adam Steven Trujillo, Sr.; Samiyah White, Plaintiffs-Appellants, v. Sally JEWELL, Secretary of the United States Department of the Interior, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 17, 2014.


Attorney(s) appearing for the Case

Lester J. Marston (argued) and Scott Johnson , Rapport and Marston, Ukiah, CA, for Plaintiffs-Appellants.

William B. Lazarus , Elizabeth A. Peterson , and Thekla Hansen-Young (argued), United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for Defendants-Appellees.

Before: SIDNEY R. THOMAS, MILAN D. SMITH, JR., and MORGAN CHRISTEN, Circuit Judges.


OPINION

THOMAS, Circuit Judge:

The Chemehuevi Indian Tribe and thirty-four of its members (collectively the "Tribe") appeal from the district court's grant of summary judgment in favor of the Secretary of the United States Department of the Interior ("Interior" or "Secretary"). The Tribe alleges that the Secretary, acting through the Bureau of Indian Affairs ("BIA"), violated the Administrative Procedure Act ("APA") by determining that Interior was not authorized...

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