Federal Circuit Vacates Tribal Win in NAHASDA Suit

Here are the materials in Lummi Tribe v. United States.

Opinion

US Opening Brief

Lummi Response Brief

US Reply Brief

An excerpt from the opinion:

The government seeks review of a September 30, 2015 order of the Court of Federal Claims (the “Claims Court”). See Order, Lummi Tribe of the Lummi Reservation v. United States, No. 08-848C (Fed. Cl. Sept. 30, 2015), ECF No. 121. In that order, the Claims Court reaffirmed its prior ruling that the Native American Housing Assistance and Self-Determination Act of 1996 (“NAHASDA”) is money mandating, giving the Claims Court jurisdiction over appellees’ claims. Id. On June 9, 2016, this court granted the government’s petition for interlocutory appeal to “ensure that the Court of Federal Claims is the court of proper jurisdiction before requiring it and the parties to undergo extensive unnecessary proceedings.” Order at 3, Lummi Tribe of the Lummi Reservation v. United States, No. 2016-124 (Fed. Cir. June 9, 2016), ECF No. 1-2. For the following reasons, we vacate and instruct the Claims Court to dismiss this action for lack of subject-matter jurisdiction.