Marissa Miller at SCOTUSblog flagged as “petitions of the day” two cert petitions seeking review of Patchak v. Salazar, No. 09-5324, 632 F.3d 702 (D.C. Cir. Jan. 21, 2011) (Randolph, S.J., joined by Henderson & Griffith, JJ.). Both were filed August 25, 2011.
Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, No. 11-246 (S. Ct.)
I. Whether the Quiet Title Act and its reservation of the United States’ sovereign immunity in suits involving “trust or restricted Indian lands” apply to all suits concerning land in which the United States “claims an interest,” 28 U.S.C. § 2409a(a), as the Seventh, Ninth, Tenth, and Eleventh Circuits have held, or whether they apply only when the plaintiff claims title to the land, as the D.C. Circuit held.
II. Whether prudential standing to sue under federal law can be based on either (i) the plaintiffs ability to “police” an agency’s compliance with the law, as held by the D.C. Circuit but rejected by the Fifth, Sixth, Seventh, and Eighfh Circuits, or (ii) interests protected by a different federal statute than the one on which suit is based, as held by the D.C. Circuit but rejected by the Federal Circuit.
Salazar v. Patchak, No. 11-247 (S. Ct.)
1. Whether 5 U.S.C. 702 waives the sovereign immunity of the United States from a suit challenging its title to lands that it holds in trust for an Indian Tribe.
2. Whether a private individual who alleges injuries resulting from the. operation of a gaming facility on Indian trust land has prudential standing to challenge the decision of the Secretary of the Interior to take title to that land in trust, on the ground that the decision was not authorized by the Indian Reorganization Act, ch. 576, 48 Stat. 984.
- Gale Courey Toensing, Oneida Land Claims Quiet Title Act Among Supreme Court’s Fall Petitions (Indian Country, Sept. 22, 2011)