Jicarilla Apache Loses Royalty Claim against Dept. of Interior

Here is the opinion from the D.C. District Court in Jicarilla Apache Tribe v. Dept. of Interior. And the news coverage:

A federal judge has thrown out a lawsuit filed by the Jicarilla Apache Nation over how natural gas royalties paid to the tribe are calculated.

The northwest New Mexico tribe filed suit in 2007 in federal court in Washington, D.C., after the U.S. Interior Department changed how the royalties paid to the tribe by gas lessees are calculated.

Court records show the Jicarilla Apaches argued the change was arbitrary, it departed from Interior Department precedents and it violated the department’s fiduciary duties toward the tribe.

U.S. District Judge Richard J. Leon disagreed, saying the Interior Department explained in detail why it changed the calculation and followed the rule of law.

A tribal official and attorneys did not immediately return calls seeking comment.