CONFEDERATED TRIBES OF CHEHALIS RESERV. v. MNUCHIN

No. 20-5204 Consolidated with 20-5205, 20-5209.

976 F.3d 15 (2020)

CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, et al., Appellees Ute Tribe of the Uintah and Ouray Indian Reservation, Appellant v. Steven T. MNUCHIN, in his official capacity as Secretary of U.S. Department of the Treasury, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided September 25, 2020.


Attorney(s) appearing for the Case

Riyaz Kanji , Ann Arbor , MI, argued the cause for Confederated Tribes appellants. With him on the briefs were Cory Albright , Seattle, WA, Lisa Koop Gunn , Lori Bruner , Eric Dahlstrom , Santa Fe, NM, April E. Olson , Tempe, AZ, Richard W. Hughes , Reed C. Bienvenu , Bradley G. Bledsoe Downes , and Alexander B. Ritchie .

Jeffrey S. Rasmussen , Louisville, CO, argued the cause for appellants Ute Tribe of the Uintah and Ouray Indian Reservation, et al. With him on the briefs were Frances C. Bassett , Louisville, CO, Rollie E. Wilson , Washington, DC, Nicole E. Ducheneaux , Omaha, NE, Natalie A. Landreth , Anchorage, AK, Erin Dougherty Lynch , Matthew N. Newman , Wesley James Furlong , Megan R. Condon , and Jeremy J. Patterson , Louisville, CO.

Kaighn Smith, Jr. , Portland, ME, was on the brief for amici curiae National Congress of American Indians, et al. in support of appellants.

Adam C. Jed , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Ethan P. Davis , Acting Assistant Attorney General, and Michael S. Raab and Daniel Tenny , Attorneys.

Paul D. Clement , Washington, DC, argued the cause for intervenor-appellees Alaska Native Village Corporation Association, Inc., et al. With him on the brief were Erin E. Murphy, Ragan Naresh, and Matthew D. Rowen, Washington, DC. Jonathan W. Katchen and Daniel W. Wolff, Washington, DC, entered appearances.

Christine V. Williams was on the brief for amici curiae U.S. Senators Lisa Murkowski, Dan Sullivan, and U.S. Congressman Don Young in support of appellees.

Allon Kedem , Ethan G. Shenkman , Washington, DC, and Janine M. Lopez were on the brief for amicus curiae Cook Inlet Region, Inc. in support of appellee.

James H. Lister , Washington, DC, was on the brief for amicus curiae Alaska Federation of Natives in support of appellees.

Concurring Opinion filed by Circuit Judge Henderson.


Title V of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) makes certain funds available to the recognized governing bodies of any "Indian Tribe" as that term is defined in the Indian Self-Determination and Education Assistance Act (ISDA). Alaska Native Corporations are state-chartered corporations established...

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