Appeals court sides with tribes in fight over land decisions

Source: AP

SUDHIN THANAWALA

SAN FRANCISCO (AP) — In a victory for Native American tribes, an appeals court ruled Thursday that states cannot use negotiations for a Native American casino to challenge the federal government's decisions to recognize a tribe and set aside land for it.

An 11-judge panel of the 9th U.S. Circuit Court of Appeals said states have to use a separate process to contest those decisions and have a window of six years to file their challenge.

The decision removes the uncertainty many tribes faced about their land status after a smaller 9th Circuit panel reached a different conclusion, said Joe Webster, a partner with the Washington, D.C.-based law firm of Hobbs Straus Dean & Walker who was closely watching the case.

"This is certainly an important decision for tribes," he said.

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