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CHEROKEE NATION v. BERNHARDT

Nos. 17-7042, 17-7044.

936 F.3d 1142 (2019)

The CHEROKEE NATION, Plaintiff-Appellee, v. David BERNHARDT, in his official capacity as Secretary of the Interior, U.S. Department of the Interior; Tara Katuk Mac Lean Sweeney, in her official capacity as Acting Assistant Secretary for Indian Affairs, U.S. Department of the Interior; Eddie Streater, in his official capacity as Eastern Oklahoma Regional Director, Bureau of Indian Affairs, Defendants, and United Keetoowah Band of Cherokee Indians in Oklahoma; United Keetoowah Band of Cherokeee Indians in Oklahoma Corporation, Intervenors Defendants-Appellants. The Cherokee Nation, Plaintiff-Appellee, v. David Bernhardt, in his official capacity as Secretary of the Interior, U.S. Department of the Interior; Tara Katuk Mac Lean Sweeney, in her official capacity as Acting Assistant Secretary for Indian Affairs, U.S. Department of the Interior; Eddie Streater, in his official capacity as Eastern Oklahoma Regional Director, Bureau of Indian Affairs, Defendants-Appellants, and United Keetoowah Band of Cherokee Indians in Oklahoma; United Keetoowah Band of Cherokeee Indians in Oklahoma Corporation, Intervenors Defendants.

United States Court of Appeals, Tenth Circuit.

FILED September 5, 2019.

Attorney(s) appearing for the Case

Avi Kupfer , Attorney, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C. ( Jeffrey H. Wood , Acting Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, William B. Lazarus , Thekla Hansen-Young , and Jody H. Schwarz , Attorneys, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.; Scott Keep , Matthew Kelly , Office of the Solicitor, U.S. Department of the Interior, Washington, D.C. with him on the briefs), for Federal Appellants.

Klint A. Cowan of Fellers, Snider, Blankenship, Bailey & Tippens, P.C., Oklahoma City, Oklahoma, for Intervenors-Defendants-Appellants.

David McCullough , ( S. Douglas Dodd , with him on the brief), of Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa, Oklahoma, for Plaintiffs-Appellees.

Before MATHESON, MCHUGH, and EID, Circuit Judges.

Intervenor-Appellant the United Keetoowah Band of Cherokee Indians in Oklahoma (UKB) is a federally recognized Indian tribe located in eastern Oklahoma. The UKB are descended from the historical Cherokee Indian tribe. In 2000, the UKB purchased an undeveloped 76-acre parcel of land...

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