Jicarilla Apache Tribe v. Andrus

687 F.2d 1324 (1982)

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Jicarilla Apache Tribe v. Andrus

United States Court of Appeals for the Tenth Circuit
687 F.2d 1324 (1982)

Facts

The Bureau of Indian Affairs, an agency of the Department of the Interior, sold several leases for oil-and-gas drilling on the lands of the Jicarilla Apache Tribe (the tribe) (plaintiff) in the early 1970s. At around the same time, the tribe entered several joint ventures for oil-and-gas development. Several years later, the tribe brought an action against the Secretary of the Interior (the government) (defendant) and various lessees (defendants) in federal district court. The tribe sought a declaration that the nonproducing leases involved in the sales were invalid because the government had failed to comply with required procedures for publishing notice. The tribe also sought a court order for an environmental-impact statement on the producing leases pursuant to the National Environmental Policy Act (NEPA). The court found that the government had failed to comply with publication procedures but declined to cancel the leases, instead ordering payment of adjusted bonus amounts to the tribe. The court also found that the government had valid defenses of laches and unclean hands, thus defeating the NEPA claim. The tribe appealed to the United States Court of Appeals for the Tenth Circuit.

Rule of Law

Issue

Holding and Reasoning (Holloway, J.)

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