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Gale Norton's Indian Case Summaries
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See Also --> Norton Attacks American Indian Rights and
Norton at Interior - fairness for Indians, or Watt now?
Alaska v. Native Village of Venetie,
Supreme Court of the United States, 1998.
(118 S. Ct. 948, 140 L. Ed. 2d 30)
The brief submitted by Gail Norton argues that Alaska Native lands aren't
subject to tribal self-governance as part of federal "Indian Country." This
decision expropriated millions of acres of Indian land in Alaska from the
Indian tribes who took part in the Alaska Native Claims Settlement Act.
CABAZON BAND OF MISSION INDIANS v. NATIONAL INDIAN GAMING COMMISSION,
827 F. Supp. 26; 1993 U.S. Dist. LEXIS 10081
Gale Norton as the Attorney General of Colorado intervened in this suit
brought by the Cabazon Band of Mission Indians. She sought to strengthen
the
states'rights movements' efforts to narrowly define Class I and Class II
gaming such that various methods of electronic gaming would be subject to
state-tribal compacts, including electronic pull-tabs. Meanwhile the State
of Colorado allows the proliferation of several dozen non-Indian casinos in
mountain towns above Denver, Colorado Springs and Boulder.
County of Yakima v. Confederated Tribes and Bands of the Yakima Indian Nation,
502 U.S. 251 (1992).
Norton argued that counties be allowed to tax patented lands within the
reservation lands; when taxes remained unpaid the counties could then
foreclose upon the lands and seize them. The US Supreme Court agreed with
her and recommended to the tribes that they seek assistance from the U.S.
Congress. Regarding this decision, Justice Blackmun wrote in his dissent "I
am less confident than my colleagues that the 31 Yakima Indian families
likely to be rendered landless by today's decision are well-positioned to
lobby for change in the vast corridors of Congress."
CASS COUNTY v. LEECH LAKE BAND OF CHIPPEWA INDIANS,
118 S.Ct. 1904 (1998).
Gale Norton submitted a brief supporting the states' right movement efforts
to allow state taxation of any alienable lands held by a tribe, and not
just
those lands that were held as taxable by express intent of Congress. She
asked the U.S. Supreme Court "to hold that unrestricted fee patented lands
owned by Indian tribes or by tribal members continue to be subject to ad
valorem property taxes imposed by state and local governments."
CROW TRIBE v. REPSIS,
73 F.3d 982 (10th Cir. 1995)
In regards to the Big Horn National Forest lands, the treaty rights
(hunting
and fishing rights) of the Crow Tribe were extinguished because lands that
were a former U.S. territory became part of a new state. This affirmed the
Ward v. Race Horse decision which held that Indian treaty rights were
generally extinguished in territories that became states.
Idaho v. Coeur D'Alene Tribe,
117 S.Ct. 2028 (1997)
Gail Norton sought to prevent the Coeur D'Alene Tribe from asserting title
and jurisdiction over Lake Coeur D'Alene (located within the reservation).
Her argument was that the Coeur D'Alene Tribe's legal efforts to protect
their jurisdiction was prohibited by the U.S. Constitution, because the
11th
Amendment established immunity for the states from lawsuits. This was all
in
spite of an Presidential Executive Order recognizing the Coeur D'Alene
rights to Lake Coeur D'Alene.
Seminole Tribe of Florida v. Florida,
517 U.S. 44 (1996)
Gale Norton sought to strengthen the shield that States enjoy from lawsuits
by arguing that Congress couldn't force the State of Florida to enter into
a
gaming compact with the Seminole Tribe. But this case had broader
implications, Justice Steven's in his dissent writes that the decision not
only "precludes Congress from establishing a ... statutory scheme under
which Indian tribes may seek the aid of a federal court to secure a State's
good faith negotiations over gaming..." It also "prevents Congress from
providing a federal forum for a broad range of actions against States, from
those sounding in copyright and patent law, to those concerning bankruptcy,
environmental law and the regulation of our vast national economy."
Strate v A-1 Contractors,
US Supreme Court, 1997, 117 S. Ct. 1404, 137 L.E.
2d 661
In this case Norton argues in her brief that the Ft. Berthold Indian Tribal
court should be denied jurisdiction in regards to claims resulting from the
activities of contractors who are employed by the tribe to perform work for
the tribe. It is Norton's contention that the contractors did not actually
accept the jurisdiction of the Tribe, even though they were working for
them, instead, she argues, the contractors are protected by state
jurisdiction.
Amoco Production Co. v. Southern Ute Indian Tribe,
No. 98-830 1998 U.S. Briefs 830 October Term, 1998 March 4, 1999
In this case the Mountain States Legal Foundation argues against including
as part of the coal royalties owed to the Southern Ute Tribe, the value of
the natural gas extracted from the coal by Amoco.
Merrion v. Jicarilla Apache Tribe,
US Supreme Court, 1982, 455 U.S. 130, 102 S.Ct. 894, 71 L.Ed. 21
The Mountain States Legal Foundation argues in this pivotal case that the
Jicarilla Apache does not have a right to impose a severance tax upon oil
and natural gas removed from Apache lands.
Bear Lodge Multiple Use Association v. Babbitt,
1998 WL195624 (D.Wy.1998)
William Perry Pendley, Jr. and Todd Welch of the Mountain States Legal
Foundation sought to prevent the National Park Service from enacting a
management plan for Devil's Tower that discouraged rock climbing permits in
the month of June. This was in part a recognition by the National Park
Service of the claims of the northern plains Indian tribes who conducted
important ceremonies at the site during June.
E-mail congress, news, views, biography
You can also SEND A FAX TO CONGRESS
See Also --> Norton Attacks American Indian Rights and
Norton at Interior - fairness for Indians, or Watt now?
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