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RANCHERIA v. JEWELL

No. 12-15817.

776 F.3d 706 (2015)

Redding RANCHERIA, Plaintiff-Appellant, v. Sally JEWELL, in her official capacity as Secretary of the United States Department of the interior; Kevin K. Washburn, in his official capacity as the Assistant Secretary for Indian Affairs for the United States Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 20, 2015.

Attorney(s) appearing for the Case

Scott D. Crowell (argued) and Scott Wheat , Crowell Law Offices, Spokane, WA, for Plaintiff-Appellant Redding Rancheria.

Ignacia S. Moreno , Assistant Attorney General, Matthew Marinelli and Lane N. McFadden (argued), Attorneys, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for Defendants-Appellees Sally Jewell, Secretary of the Department of the Interior and Kevin K. Washburn, Assistant Secretary for Indian Affairs.

George Forman and Jay B. Shapiro , Forman & Associates, San Rafael, CA, for Amicus Curiae Robinson Rancheria of Pomo Indians.

Opinion by Judge Schroeder; Partial Concurrence and Partial Dissent by Judge Callahan.

OPINION

The Redding Rancheria ("the Tribe") is a very small Indian tribe trying to restore the Reservation that was taken away by the United States during the mid-Twentieth century era of assimilation. See City of Roseville v. Norton, 348 F.3d 1020, 1022 (D.C.Cir...

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