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Administrative Law Keyed to Popper
Patchak v. Zinke, Secretary of the Interior, et al. [Patchak II]
Citation:
583 U.S. 244, 138 S. Ct. 897 (2018)Facts
In 2005, the Secretary of the Interior announced a decision to take the Bradley Property, a 147-acre parcel of land in Michigan, into trust for the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (the Band) to build a casino. David Patchak, a neighboring landowner, filed suit challenging the Secretary’s authority to take the land into trust, arguing that the Indian Reorganization Act only allowed the Secretary to take land into trust for tribes that were under federal jurisdiction in 1934, which the Band was not. After the Supreme Court ruled in Patchak I that Patchak had standing and the government had waived sovereign immunity, Congress passed the Gun Lake Act in 2014. Section 2(a) of the Act reaffirmed the trust status of the Bradley Property, and Section 2(b) directed that any action relating to the property “shall not be filed or maintained in a Federal court and shall be promptly dismissed.” When the Act was passed, no other lawsuits relating to the Bradley Property were pending, and the statute of limitations for challenging the Secretary’s action had expired.
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