U.S. Court of Federal Claims Dismisses Tribal Trust Case for Failure to Identify Money-Mandating Statute

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The U.S. Court of Federal Claims recently dismissed the breach-of-trust claims in Hopi Tribe v. United States based on the tribe’s failure to identify a specific money-mandating trust duty owed by the Government. The Hopi tribe had sued the federal Government alleging that the Government violated its trust duties when it failed to ensure that the level of arsenic in the tribe’s water supply was safe. But instead of identifying a specific statute or regulation creating that duty, the Tribe relied solely on the Presidential Executive Order that created its reservation.

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Published In: Constitutional Law Updates, Indigenous Peoples Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nancie G. Marzulla, Marzulla Law, LLC | Attorney Advertising

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Nancie G. Marzulla
Marzulla Law, LLC

I am a takings lawyer--with a practice focused on litigating takings claims in the U.S. Court of... View Profile »


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