green
Positive treatment
Quoted verbatim 1×
26.2 score
“the governing principle is that the tribe has no authority itself, by way of tribal ordinance or actions in the tribal courts, to regulate the use of fee land.”
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989
2007
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
examined
Cited as authority (verbatim quote)
Yellowstone County, a Political Subdivision of the State of Montana v. Carl Pease
(3×)
also: Cited "see", Cited "see, e.g."
the governing principle is that the tribe has no authority itself, by way of tribal ordinance or actions in the tribal courts, to regulate the use of fee land.
discussed
Cited as authority (rule)
In Re Estate of Big Spring
The property at issue in the District Court probate and here on appeal is member Indian-owned fee land. ¶34 The United States Supreme Court has held that when land is involved, the status of the property may be the dispositive factor for jurisdictional purposes, Hicks, 533 U.S. at 360 , 121 S. Ct. at 2310 , and has repeatedly recognized that ‘tribal sovereignty is in large part geographically determined.” Brendale v. Confederated Tribes & Bands of Yakima Indian Nation, 492 U.S. 408, 457 , 109 S. Ct. 2994, 3022 (1989); see United States v. Mazurie, 419 U.S. 544, 557 , 95 S. Ct. 710, 717 (1…
examined
Cited as authority (rule)
Montana v. United States Environmental Protection Agency
(3×)
also: Cited "see"
See Final Rule, 56 Fed.Reg. at 64,878; Brendale, 492 U.S. at 431 , 109 S.Ct. at 3008 (White, J.); id., 492 U.S. at 447 , 109 S.Ct. at 3016 (Stevens, J.).
examined
Cited as authority (rule)
State of Montana Lake County, Montana, a Political Subdivision of the State of Montana City of Ronan, Montana, a Municipal Corporation Town of Hot Springs, Montana, a Municipal Corporation, and Flathead Joint Board of Control, Mission Irrigation District, Jocko Valley Irrigation District, Flathead Irrigation District, Local Governments Ross Middlemist, Wayne Maughan, William Slack and Glenn Murphy, Plaintiffs-Intervenors-Appellants v. United States Environmental Protection Agency, an Agency of the United States Carol M. Browner, Administrator of the United States Environmental Protection Agency and the Confederated Salish and Kootenai Tribes, State of Montana Lake County, Montana City of Ronan, Montana, a Municipal Corporation Town of Hot Springs, Montana, a Municipal Corporation v. United States Environmental Protection Agency, an Agency of the United States Carol M. Browner, Administrator of the United States Epa Confederated Salish and Kootenai Tribes of the Flathead Reservation
(3×)
also: Cited "see"
See Final Rule, 56 Fed.Reg. at 64,878; Brendale, 492 U.S. at 431 , 109 S.Ct. at 3008 (White, J.); id., 492 U.S. at 447 , 109 S.Ct. at 3016 (Stevens, J.).
examined
Cited as authority (rule)
Lower Brule Sioux Tribe v. State of South Dakota John Cooper, Secretary, Division of Game, Fish & Parks for the State of South Dakota
(5×)
also: Cited "see, e.g."
In Brendale, Justice White wrote that for an Indian tribe to retain jurisdiction over nonmembers pursuant to the second Montana exception, "[t]he impact [on tribal interests] must be demonstrably serious and must imperil the political integrity, the economic security, or the health and welfare of the tribe." Brendale, 492 U.S. at 431 , 109 S.Ct. at 3008 (emphasis added); see also Bourland IV, 39 F.3d at 870 n. 4.
examined
Cited as authority (rule)
State of Mont. v. USEPA
(3×)
also: Cited "see"
Three Justices in Brendale supported the continued use of the Montana test. 492 U.S. at 462 , 109 S.Ct. at 3024 (Opinion of Blackmun, J.).
examined
Cited as authority (rule)
Montana v. United States Environmental Protection Agency
(3×)
also: Cited "see"
Three Justices in Brendale supported the continued use of the Montana test. 492 U.S. at 462 , 109 S.Ct. at 3024 (Opinion of Blackmun, J.).
examined
Cited as authority (rule)
A-1 Contractors etal v. William Strate
(7×)
also: Cited "see", Cited "see, e.g."
Bourland, 508 U.S. at 693-95 , 113 S.Ct. at 2319 (reasserting the centrality of the observation in Montana that “exercise of tribal power beyond what is necessary to protect tribal self-government or to control internal tribal relations is inconsistent with the dependent status of the tribes, and so cannot survive without express congressional delegation”); County of Yakima v. Confederated Tribes and Bands of Yakima Indian Nation, 502 U.S. 251, 267 , 112 S.Ct. 683, 692-93 , 116 L.Ed.2d 687 (1992) (citing Montana in referring to the “long line of cases exploring the very narrow powers res…
examined
Cited as authority (rule)
A-1 Contractors v. Strate
(7×)
also: Cited "see", Cited "see, e.g."
Bourland, 508 U.S. at 693-95 , 113 S.Ct. at 2319 (reasserting the centrality of the observation in Montana that "exercise of tribal power beyond what is necessary to protect tribal self-government or to control internal tribal relations is inconsistent with the dependent status of the tribes, and so cannot survive without express congressional delegation"); County of Yakima v. Confederated Tribes and Bands of Yakima Indian Nation, 502 U.S. 251, 267 , 112 S.Ct. 683, 692-93 , 116 L.Ed.2d 687 (1992) (citing Montana in referring to the "long line of cases exploring the very narrow powers reserved …
examined
Cited as authority (rule)
Lower Brule Sioux Tribe v. State of South Dakota
(4×)
also: Cited "see"
Id. at 415-16, 437-39, 445-47 , 109 S.Ct. at 3000-01, 3012, 3016 .
discussed
Cited as authority (rule)
South Dakota v. Bourland
Brendale is a zoning case in which Justice White opined that, for an Indian tribe to retain jurisdiction over non-Indians pursuant to the second Montana exception, "[t]he impact [on tribal interests] must be demonstrably serious and must imperil the political integrity, the economic security, or the health and welfare of the tribe.” Id. at 431, 109 S.Ct. at 3008 (emphasis added).
discussed
Cited as authority (rule)
State of South Dakota, in Its Own Behalf, and as Parens Patriae v. Gregg Bourland, Personally and as Chairman of the Cheyenne River Sioux Tribe Dennis Rousseau, Personally and as Director of Cheyenne River Sioux Tribe Game, Fish and Parks, United States of America the States of Montana, Alabama, California, Colorado, Minnesota, North Dakota, Utah, Washington, and Wyoming, Amicus Curiae. State of South Dakota, in Its Own Behalf, and as Parens Patriae v. Gregg Bourland, Personally and as Chairman of the Cheyenne River Sioux Tribe Dennis Rousseau, Personally and as Director of Cheyenne River Sioux Tribe Game, Fish and Parks, United States of America the States of Montana, Alabama, California, Colorado, Minnesota, North Dakota, Utah, Washington, and Wyoming, Amicus Curiae
Brendale is a zoning case in which Justice White opined that, for an Indian tribe to retain jurisdiction over non-Indians pursuant to the second Montana exception, "[t]he impact [on tribal interests] must be demonstrably serious and must imperil the political integrity, the economic security, or the health and welfare of the tribe." Id. at 431 , 109 S.Ct. at 3008 (emphasis added).
discussed
Cited as authority (rule)
Red Fox v. Hettich
In Brendale , Justice White joined by three other justices in a plurality opinion stated, "[t]he inquiry ... becomes whether and to what extent the tribe has a protectable interest in what activities are taking place on fee land within the reservation and, if it has such an interest, how it may be protected." Brendale, 492 U.S. at 430 , 109 S.Ct. at 3008, 106 L.Ed.2d at 363 .
discussed
Cited as authority (rule)
Boller v. Key Bank of Wyoming
(2×)
Almost half of the land in the open area is fee land." Brendale, 492 U.S. at 415-16 , 109 S.Ct. at 3000 (footnote omitted).
discussed
Cited as authority (rule)
South Dakota v. Bourland
(2×)
Brendale, 492 U.S. at 422-23 , 109 S.Ct. at 3004 (citations omitted) (White, J., plurality opinion).
discussed
Cited as authority (rule)
State of South Dakota in Its Own Behalf, and as Parens Patriae v. Gregg Bourland, Personally and as Chairman of the Cheyenne River Sioux Tribe and Dennis Rousseau, Personally and as Director of Cheyenne River Sioux Tribe Game, Fish and Parks, State of South Dakota in Its Own Behalf, and as Parens Patriae v. Gregg Bourland, Personally and as Chairman of the Cheyenne River Sioux Tribe and Dennis Rousseau, Personally and as Director of Cheyenne River Sioux Tribe Game, Fish and Parks
(2×)
In Montana, as in the present cases, the lands at issue had been alienated under the Allotment Act, and the Court concluded that "[i]t defies common sense to suppose that Congress would intend that non-Indians purchasing allotted lands would become subject to tribal jurisdiction when an avowed purpose of the allotment policy was the ultimate destruction of tribal government." 450 U.S. at 560, n. 9 , 101 S.Ct. at 1256, n. 9 . 17 Brendale, 492 U.S. at 422-23 , 109 S.Ct. at 3004 (citations omitted) (White, J., plurality opinion).
discussed
Cited as authority (rule)
Confederated Tribes and Bands of the Yakima Nation v. County of Yakima and Dale A. Gray, Yakima County Treasurer
(2×)
also: Cited "see"
Brendale, 109 S.Ct. at 3008 (emphasis added).
examined
Cited as authority (rule)
Baker Electric Cooperative, Inc. v. Public Service Commission
(31×)
also: Cited "see"
Justice White, joined by three other justices, began by examining "whether the Yakima Nation has the authority, derived either from its treaty with the United States or from its status as an independent sovereign, to zone the fee lands." Brendale, supra, 109 S.Ct. at 3003.
discussed
Cited "see"
Duggan v. Martorello
See Gingras, 922 F.3d at 127 (finding that arbitration provisions requiring application of tribal law, which were included in lending agreements between plaintiffs and tribal defendants, “are unenforceable closed portion of the reservation,’ 492 U.S., at 440 , 109 S. Ct. 2994 (opinion of STEVENS, J.), though the Court could not agree on a rationale[.]” Plains Commerce Bank, 554 U.S. at 333-34 , 128 S. Ct. at 2722 . because they are designed to avoid federal and state consumer protection laws”); Smith, 2021 WL 1257941 , at *18 (finding that forum selection clause and choice of law provi…
discussed
Cited "see"
Drummond v. Township
See Brendale v. Confederated Tribes & Bands of Yakima Indian Nation , 492 U.S. 408 , 433-34, 109 S.Ct. 2994 , 106 L.Ed.2d 343 (1989) (discussing Euclid v. Ambler Realty Co. , 272 U.S. 365 , 387-88, 47 S.Ct. 114 , 71 L.Ed. 303 (1926) ).
examined
Cited "see"
Gary C'hair and Rochelle C'hair v. District Court of the Ninth Judicial District, State of Wyoming, and John Strohecker
(4×)
also: Cited "see, e.g."
See Boller, 829 P.2d at 262-63 (looking to Supreme Court’s reasoning in Brendale v. Confederate Tribes and Bands of Yakima Indian Nation, 492 U.S. 408 , 109 S.Ct. 2994 , 106 L.Ed.2d 343 (1989)).
cited
Cited "see"
AMERIND RISK MANAGEMENT CORP. v. Malaterre
See Brendale v. Confederated Tribes and Bands of Yaki *1126 ma Indian Nation, 492 U.S. 408, 426-27 , 109 S.Ct. 2994 , 106 L.Ed.2d 343 (1989).
discussed
Cited "see"
Skokomish Indian Tribe, a Federally Recognized Indian Tribe in Its Own Capacity as a Class Representative and as Parens Patriae Denny S. Hurtado Gordon A. James Joseph Pavel Anne Pavel Maures P. Tinaza Celeste F. Vigil Roslynne L. Reed Gary W. Peterson Rita C. Andrews Tom G. Strong Marie E. Gouley Victoria J. Pavel Dennis W. Allen Joseph Andrews, Sr. Zetha Cush Elsie M. Allen Alex L. Gouley, Jr. Lawrence L. Kenyon Doris Miller Gerald B. Miller Helen M. Rudy Ronald D. Twiddy, Sr. Nick G. Wilbur, Sr. v. United States of America Tacoma Public Utilities, a Washington Municipal Corporation City of Tacoma, a Washington Municipal Corporation William Barker, Tacoma Public Utilities Board Member in His Official Capacity Tom Hilyard, Tacoma Public Utilities Board Member in His Official Capacity Robert Lane Tim Strege G.E. Vaughn, Skokomish Indian Tribe, a Federally Recognized Indian Tribe in Its Own Capacity as a Class Representative and as Parens Patriae Denny S. Hurtado Gordon A. James Joseph Pavel Anne Pavel Maures P. Tinaza Celeste F. Vigil Roslynne L. Reed Gary W. Peterson Rita C. Andrews Tom G. Strong Marie E. Gouley Victoria J. Pavel Dennis W. Allen Joseph Andrews, Sr. Zetha Cush Elsie M. Allen Alex L. Gouley, Jr. Lawrence L. Kenyon Doris Miller Gerald B. Miller Helen M. Rudy Ronald D. Twiddy, Sr. Nick G. Wilbur, Sr., Skokomish Indian Tribal Members for Themselves and All Others Similarly Situated v. Tacoma Public Utilities, a Washington Municipal Corporation City of Tacoma, a Washington Municipal Corporation William Barker, Tacoma Public Utilities Board Member in His Official Capacity Tom Hilyard, Tacoma Public Utilities Board Member in His Official Capacity Robert Lane Tim Strege G.E. Vaughn United States Internal Revenue Service
Labs., Inc., 471 U.S. 707, 713 , 105 S.Ct. 2371 , 85 L.Ed.2d 714 (1985) (citation omitted), cities and local governments cannot pass ordinances or laws that "`interfere with, or are contrary to,' federal law." Id. at 712 , 105 S.Ct. 2371 (citing Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1, 211 , 6 L.Ed. 23 (1824)); see Brendale v. Confederated Tribes & Bands of the Yakima Indian Nation, 492 U.S. 408, 431 , 109 S.Ct. 2994 , 106 L.Ed.2d 343 (1989) (plurality opinion) ("Since the tribes' protectible interest is one arising under federal law, the Supremacy Clause requires state and local governments, i…
discussed
Cited "see"
Skokomish Indian v. Tacoma Public Utilities
Labs., Inc., 471 U.S. 707, 713 , 105 S.Ct. 2371 , 85 L.Ed.2d 714 (1985) (citation omitted), cities and local governments cannot pass ordinances or laws that " interfere with, or are contrary to,’ federal law.” Id. at 712 , 105 S.Ct. 2371 (citing Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1, 211 , 6 L.Ed. 23 (1824)); see Brendale v. Confederated Tribes & Bands of the Yakima Indian Nation, 492 U.S. 408, 431 , 109 S.Ct. 2994 , 106 L.Ed.2d 343 (1989) (plurality opinion) ("Since the tribes' protectible interest is one arising under federal law, the Supremacy Clause requires state and local government…
examined
Cited "see"
Knori v. State ex rel. Department of Health, Office of Medicaid
(3×)
See In re General Adjudication of All Rights to Use Water in the Big Horn River System, 753 P.2d 76, 90 (Wyo.1988), cert. granted, 488 U.S. 1040 , 109 S.Ct. 863 , 102 L.Ed.2d 987 , judgment aff'd, 492 U.S. 406 , 109 S.Ct. 2994 , 106 L.Ed.2d 342 (1989); Greub v. Frith, 717 P.2d 323, 326 (Wyo.1986); and Big Piney Oil & Gas Company, 715 P.2d 557 .
discussed
Cited "see"
Skokomish Indian Tribe, a Federally Recognized Indian Tribe in Its Own Capacity as a Class Representative and as Parens Patriae Denny S. Hurtado Gordon A. James Joseph Pavel Anne Pavel Maures P. Tinaza Celeste F. Vigil Roslynne L. Reed Gary W. Peterson Rita C. Andrews Tom G. Strong Marie E. Gouley Victoria J. Pavel Dennis W. Allen Joseph Andrews, Sr. Zetha Cush Elsie M. Allen Alex L. Gouley, Jr. Lawrence L. Kenyon Doris Miller Gerald B. Miller Helen M. Rudy Ronald D. Twiddy, Sr. Nick G. Wilbur, Sr. v. United States of America Tacoma Public Utilities, a Washington Municipal Corporation City of Tacoma, a Washington Municipal Corporation William Barker, Tacoma Public Utilities Board Member in His Official Capacity Tom Hilyard, Tacoma Public Utilities Board Member in His Official Capacity Robert Lane Tim Strege G.E. Vaughn, Skokomish Indian Tribe, a Federally Recognized Indian Tribe in Its Own Capacity as a Class Representative and as Parens Patriae Denny S. Hurtado Gordon A. James Joseph Pavel Anne Pavel Maures P. Tinaza Celeste F. Vigil Roslynne L. Reed Gary W. Peterson Rita C. Andrews Tom G. Strong Marie E. Gouley Victoria J. Pavel Dennis W. Allen Joseph Andrews, Sr. Zetha Cush Elsie M. Allen Alex L. Gouley, Jr. Lawrence L. Kenyon Doris Miller Gerald B. Miller Helen M. Rudy Ronald D. Twiddy, Sr. Nick G. Wilbur, Sr., Skokomish Indian Tribal Members for Themselves and All Others Similarly Situated v. Tacoma Public Utilities, a Washington Municipal Corporation City of Tacoma, a Washington Municipal Corporation William Barker, Tacoma Public Utilities Board Member in His Official Capacity Tom Hilyard, Tacoma Public Utilities Board Member in His Official Capacity Robert Lane Tim Strege G.E. Vaughn United States Internal Revenue Service
Labs., Inc., 471 U.S. 707, 713 , 105 S.Ct. 2371 , 85 L.Ed.2d 714 (1985) (citation omitted), cities and local governments cannot pass ordinances or laws that "`interfere with, or are contrary to,' federal law." Id. at 712 , 105 S.Ct. 2371 (citing Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1, 211 , 6 L.Ed. 23 (1824)); see Brendale v. Confederated Tribes & Bands of the Yakima Indian Nation, 492 U.S. 408, 431 , 109 S.Ct. 2994 , 106 L.Ed.2d 343 (1989) (plurality opinion) ("Since the tribes' protectible interest is one arising under federal law, the Supremacy Clause requires state and local governments, i…
discussed
Cited "see"
Skokomish Indian v. Tacoma Public Utilities
Labs., Inc., 471 U.S. 707, 713 , 105 S.Ct. 2371 , 85 L.Ed.2d 714 (1985) (citation omitted), cities and local governments cannot pass ordinances or laws that " 'interfere with, or are contrary to,’ federal law.” Id. at 712 , 105 S.Ct. 2371 (citing Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1, 211, 6 L.Ed. 23 (1824)); see Brendale v. Confederated Tribes & Bands of the Yakima Indian Nation, 492 U.S. 408, 431 , 109 S.Ct. 2994 , 106 L.Ed.2d 343 (1989) (plurality opinion) (“Since the tribes’ protectible interest is one arising under federal law, the Supremacy Clause requires state and local govern…
cited
Cited "see"
Willman v. Washington Utilities & Transportation Commission
See Brendale v. Confederated Tribes & Bands of Yakima Indian Nation, 492 U.S. 408, 415 , 109 S. Ct. 2994 , 106 L.
cited
Cited "see"
Ortego v. TUNICA BILOXI INDIANS OF LA.
Accord, Brendale v. Confederated Tribes and Bands of Yakima Nation, 492 U.S. 408, 427, n. 10 , 109 S.Ct. 2994, 3006, n. 10 , 106 L.Ed.2d 343 (1989) (opinion of White, J.).
discussed
Cited "see"
Bugenig v. Hoopa Valley Tribe
(2×)
also: Cited "see, e.g."
See Brendale, 492 U.S. at 440 n. 3, 109 S.Ct. 2994 (“The possibility that the county might have jurisdiction to prohibit certain land uses ... does not suggest that the Tribe lacks similar authority.”) (Stevens, J.) (plurality opinion); see also Confederated Tribes v. Washington, 591 F.2d 89 (9th Cir.1979) (holding that tribal fishing regulations on waters within the Colville Reservation did not preempt state fishing regulations concerning the same waters).
cited
Cited "see"
Bugenig v. Hoopa Valley Tribe
See 492 U.S. at 437 , 109 S.Ct. 2994 (describing the difference between the “closed area” and the "open area” as one of "critical importance”).
examined
Cited "see"
Atkinson Trading Co. v. Shirley
(6×)
See Brendale, 492 U.S. at 430-31 , 109 S.Ct. 2994 (opinion of White, J.), at 437 & n. 2, 109 S.Ct. 2994 (opinion of Stevens, J.).
discussed
Cited "see"
In Re Haines
However, as a general rule “the inherent sovereign powers of an Indian tribe do not extend to the activities of nonmembers of the tribe.” Montana v. United States, 450 U.S. 544, 565 , 101 S.Ct. 1245 , 67 L.Ed.2d 493 (1981); See Brendale v. Confederated Tribes and Bands of the Yakima Indian Nation, 492 U.S. 408, 425-26 , 109 S.Ct. 2994 , 106- L.Ed.2d 343 (1989) (tribe’s sovereignty divested in cases involving relations between an Indian tribe and nonmembers of the tribe); See United States v. Wheeler, 435 U.S. 313, 326 , 98 S.Ct. 1079 , 55 L.Ed.2d 303 (1978).
discussed
Cited "see"
In Re Haines
See Brendale, 492 U.S. at 430-31 , 109 S.Ct. 2994 (a nonmember’s activity must have a “demonstrably serious ” impact on the political integrity, economic security, or health or welfare of the Tribe to fall within the second Montana exception.).
discussed
Cited "see"
County of Lewis v. Allen
See Brendale v. Confederated Tribes and Bands of The Yakima Indian Nation, 492 U.S. 408, 423-24 , 109 S.Ct. 2994 , 106 L.Ed.2d 343 (1989) (plurality opinion) (the tribe lacked authority to zone fee lands owned by nonmembers within the reservation because the tribe did not have the power to exclude nonmembers from access to their land).
discussed
Cited "see"
98 Cal. Daily Op. Serv. 9021, 98 Daily Journal D.A.R. 12,641 County of Lewis Don Fortney Thomas F. Myers v. John D. Allen, Nez Perce Tribe Nez Perce Tribal Court Judges of the Nez Perce Tribal Court
See Brendale v. Confederated Tribes and Bands of The Yakima Indian Nation, 492 U.S. 408, 423-24 , 109 S.Ct. 2994 , 106 L.Ed.2d 343 (1989) (plurality opinion) (the tribe lacked authority to zone fee lands owned by nonmembers within the reservation because the tribe did not have the power to exclude nonmembers from access to their land).
cited
Cited "see"
Strate v. A-1 Contractors
Accord, Brendale v. Confederated Tribes and Bands of Yakima Nation, 492 U.S. 408, 427, n. 10 , 109 S.Ct. 2994, 3006, n. 10 , 106 L.Ed.2d 343 (1989) (opinion of White, J.).
discussed
Cited "see"
State of Nev. v. Hicks
See Brendale v. Confederated Tribes and Bands of the Yakima Indian Nation, 492 U.S. 408, 425 , 109 S.Ct. 2994, 3005 , 106 L.Ed.2d 343 (1989); South Dakota v. Bourland, 508 U.S. 679 , 685-87 n. 6, 113 S.Ct. 2309 , 2315 n. 6, 124 L.Ed.2d 606 (1993).
discussed
Cited "see"
Yankton Sioux Tribe v. Southern Missouri Waste Management District
See Brendale v. Confederated Tribes and Bands of the Yakima Indian Nation, 492 U.S. 408, 424 , 109 S.Ct. 2994, 3004-05 , 106 L.Ed.2d 343 (1989) (plurality); Montana, 450 U.S. at 566 , 101 S.Ct. at 1258 .
cited
Cited "see"
Narragansett Indian Tribe of Rhode Island v. Narragansett Electric Co.
See, Brendale Confederated Tribes & Bands of Yakima Indian Nation, 492 U.S. 408, 426 , 109 S.Ct. 2994, 3005 , 106 L.Ed.2d 343 (1989).
discussed
Cited "see"
Attorney General Opinion No.
See Brendale v. Confederated Yakima Nation , 492 U.S. 408 , 106 L.Ed.2d 343 , 365 , 109 S.Ct. 2994 (1989) (Justice Stevens concurring opinion); New Mexico v. Mescalero Apache Tribe , 462 U.S. 324 , 76 L.Ed.2d 611 , 619 , 103 S.Ct. 2378 (1983).
cited
Cited "see"
City Of Timber Lake v. Cheyenne River Sioux Tribe
See Brendale v. Confederated Tribes & Bands of the Yakima Indian Nation, 492 U.S. 408, 428 , 109 S.Ct. 2994, 3006-07 , 106 L.Ed.2d 343 (1989) (plurality) (citing 18 U.S.C.
discussed
Cited "see"
City of Timber Lake v. Cheyenne River Sioux Tribe
See Brendale v. Confederated Tribes & Bands of the Yakima Indian Nation, 492 U.S. 408, 428 , 109 S.Ct. 2994, 3006-07 , 106 L.Ed.2d 343 (1989) (plurality) (citing 18 U.S.C. § 1151 in conjunction with § 1161 as an example of express Congressional delegation of authority over non-Indians).
discussed
Cited "see"
Palm v. Palm
(2×)
See In re General Adjudication of All Rights to Use Water in the Big Horn River System, 753 P.2d 76 (Wyo.1988), cert. granted in part — U.S. —, 109 S.Ct. 863 , 102 L.Ed.2d 987 , aff'd — U.S. —, 109 S.Ct. 2994 , 106 L.Ed.2d 342 , reh’g denied — U.S. —, 110 S.Ct. 28 , 106 L.Ed.2d 639 (1989).
discussed
Cited "see, e.g."
McGirt v. Oklahoma
See, e.g. , White Mountain Apache Tribe , 448 U.S., at 148 -151 , 100 S.Ct. 2578 (barring State from imposing motor carrier license tax and fuel use taxes on non-Indian logging companies that harvested timber on a reservation); Warren Trading Post Co. v. Arizona Tax Comm'n , 380 U.S. 685 , 690-692, 85 S.Ct. 1242 , 14 L.Ed.2d 165 (1965) (barring State from taxing income earned by a non-Indian who operated a trading post on a reservation); New Mexico v. Mescalero Apache Tribe , 462 U.S. 324 , 325, 103 S.Ct. 2378 , 76 L.Ed.2d 611 (1983) (barring State from regulating hunting and fishing by non-In…
discussed
Cited "see, e.g."
Soaring Eagle Casino & Resort v. National Labor Relations Board
Compare Mills Lacs, 526 U.S. at 196-201 , 119 S.Ct. 1187 (upholding the Tribe’s specific usufructuary treaty rights absent clear statements by Congress abrogating those rights), with Bourland, 508 U.S. at 689-91 , 113 S.Ct. 2309 (finding that the specific language in the Flood Control Act of 1944 and the Cheyenne River Act of 1954 abrogated explicit treaty rights to exclude by opening the tribal land at issue for public use), Brendale v. Confederated Tribes & Bands of Yakima Indian Nation, 492 U.S. 408, 421-25 , 109 S.Ct. 2994 , 106 L.Ed.2d 343 (1989) (opinion announcing in part judgment of …
discussed
Cited "see, e.g."
Hydro Resources, Inc. v. United States Environmental Protection Agency
See also Brendale v. Confederated Tribes & Bands of the Yakima Indian Nation, 492 U.S. 408 , 425 n. 8, 109 S.Ct. 2994 , 106 L.Ed.2d 343 (1989) (White, J., for the Court in part and dissenting in part) (rejecting a proposed jurisdictional approach because the "uncertainty that would result from the necessarily case-by-case determination of which regulatory body (or bodies) has zoning jurisdiction over such land” (citations omitted)); Ute Indian Tribe of the Uintah & Ouray Reservation v. State of Utah, 114 F.3d 1513, 1527 (10th Cir. 1997) (''[Tjhe task of allocating jurisdiction necessarily in…
discussed
Cited "see, e.g."
Oneida Tribe of Indians v. Village of Hobart
Id. at 267 , 112 S.Ct. 683 ; see also Brendale v. Confederated Tribes and Bands of Yakima Indian Nation, 492 U.S. 408 , 109 S.Ct. 2994 , 106 L.Ed.2d 343 (1989) (Stevens, J., concurring) (noting that “to the extent that large portions of reservation land were sold in fee, such that the Tribe could no longer determine the essential character of the region by setting conditions on entry to those parcels, the Tribe’s legitimate interest in land-use regulation was also diminished”).
cited
Cited "see, e.g."
Ago
See , e.g ., Brendale v. Conf'd Tribes and Bands , 492 U.S. 408 , 109 S. Ct. 2994 , 106 L.
cited
Cited "see, e.g."
MacArthur v. San Juan County
See, e.g., Brendale v. Confederated Tribes and Bands of Yakima Indian Nation, 492 U.S. 408 , 109 S.Ct. 2994 , 106 L.Ed.2d 343 (1989).
Retrieving the full opinion text from the archive…
WYOMING
v.
UNITED STATES ET AL.
v.
UNITED STATES ET AL.
88-309.
Supreme Court of the United States.
Aug 30, 1989.
Per Curiam.
Cited by 35 opinions | Published
CERTIORARI TO THE SUPREME COURT OF WYOMING
Michael Douglas White argued the cause for petitioner. With him on the briefs were Joseph B. Meyer, Attorney General of Wyoming, S. Jane Caton, Assistant Attorney General, and David F. Jankowski.
Jeffrey P. Minear argued the cause for the United States. With him on the brief were Acting Solicitor General Bryson, Acting Assistant Attorney General Carr, Deputy Solicitor General Wallace, Edward J. Shawaker, and Robert L. Klarquist. Susan M. Williams argued the cause for respondents Shoshone Tribe et al. With her on the brief were Brice M. Clagett, Saul B. Goodman, W. Richard West, Jr., Dale T. White, and Andrew W. Baldwin. Sky D. Phifer filed a brief for respondents Bath et al.[*]
[*407] PER CURIAM.
The judgment below is affirmed by an equally divided Court.
JUSTICE O'CONNOR took no part in the decision of this case.
[*] Briefs of amici curiae urging reversal were filed for the State of Arizona et al. by Jim Jones, Attorney General of Idaho, and Clive J. Strong and David J. Barber, Deputy Attorneys General, Robert K. Corbin, Attorney General of Arizona, Marc Racicot, Attorney General of Montana, Brian McKay, Attorney General of Nevada, R. Paul Van Dam, Attorney General of Utah, and Kenneth O. Eikenberry, Attorney General of Washington; and for the city of Phoenix by Roderick G. McDougall, M. James Callahan, and Katherine Ott Verburg.
Harry R. Sachse, Reid Peyton Chambers, Ethel J. Abeita, and Robert T. Anderson filed a brief for the Native American Rights Fund et al. as amici curiae urging affirmance.
Briefs of amici curiae were filed for the State of California et al. by John K. Van de Kamp, Attorney General of California, R. H. Connett, Assistant Attorney General, Douglas B. Noble, Deputy Attorney General, Fred Vendig, Karen L. Tachiki, and Jerome C. Muys; for the State of New Mexico by Hal Stratton, Attorney General, and Martha C. Dabney and Vickie L. Gabin, Special Assistant Attorneys General; for the County of Chaves et al. by Gary C. Mitchell and Richard A. Simms; for the Salt River Project Agricultural Improvement and Power District by John B. Weldon, Jr., and Stephen E. Crofton; for the village of Ruidoso by Neil C. Stillinger and Kathleen R. Marr; and for the Shoshone-Bannock Tribes by Jeanette Wolfley.