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AGUA CALIENTE TRIBE OF CUPENO INDIANS v. SWEENEY

No. 17-16838.

932 F.3d 1207 (2019)

AGUA CALIENTE TRIBE OF CUPEÑO INDIANS OF the PALA RESERVATION, Plaintiff-Appellant, v. Tara Katuk Mac Lean SWEENEY, Assistant Secretary of Indian Affairs, United States Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2019.

Attorney(s) appearing for the Case

Andrew W. Twietmeyer (argued), Law Office of Andrew W. Twietmeyer, Los Angeles, California, for Plaintiff-Appellant.

Brian C. Toth (argued) and Mary Gabrielle Sprague , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jeffrey H. Wood , Acting Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; James W. Porter Office of the Solicitor, Department of the Interior, Washington, D.C.; for Defendants-Appellees.

Before: Danny J. Boggs, Richard A. Paez, and John B. Owens, Circuit Judges.

OPINION

The Agua Caliente Tribe of Cupeño Indians (the "Cupeño") argue that they are a federally recognized tribe, and, as such, the Assistant Secretary of Indian Affairs ("Assistant Secretary") within the Department of the Interior ("Interior") must place the tribe on a list of federally recognized tribes...

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