Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak
132 S. Ct. 2199
| SCOTUS | 2012Background
- Band of Pottawatomi Indians sought to acquire Bradley Property in trust under IRA §465 for gaming purposes to promote economic development.
- Secretary announced in 2005 her decision to take the Bradley Property into trust; 30-day window for judicial review was observed.
- MichGO challenged environmental and gaming statute compliance; courts rejected MichGO's claims; title not yet taken at that time.
- Patchak filed APA suit alleging §465 did not authorize acquisition and asserting proximity-based harms; he did not claim ownership to the property.
- Secretary ultimately took title into trust in 2009; Patchak’s injunction request was mooted; Carcieri later held §465 limits to tribes under federal jurisdiction in 1934.
- District and D.C. Circuit proceedings debated QTA immunity and prudential standing; Supreme Court granted certiorari.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the United States is immune under the QTA | Patchak seeks relief under APA; not a quiet title action. | QTA's Indian lands exception bars suits against title in trust lands. | Sovereign immunity does not bar APA claim under QTA carve-out. |
| Whether Patchak has prudential standing | Patchak’s proximity and aesthetic/environmental harms fall within §465’s ambit. | Claim lacks concrete interest in land; §465 is land-use, not personal injury. | Patchak has prudential standing; suit may proceed. |
Key Cases Cited
- Block v. North Dakota ex rel. Board of Univ. and School Lands, 461 U.S. 273 (1983) (QTA a comprehensive exclusive remedy; limits on APA relief)
- United States v. Mottaz, 476 U.S. 834 (1986) (QTA governs cases where plaintiff asserts title; other claims limited)
- Michigan Gambling Opposition v. Kempthorne, 525 F.3d 23 (D.C. Cir. 2008) (MichGO litigation on §465; district and appellate considerations)
- Michigan Gambling Opposition v. Norton, 477 F. Supp. 2d 1 (D.C. 2007) (Early district court rejection of MichGO claims)
- Carcieri v. Salazar, 555 U.S. 379 (2009) (Carcieri rule on tribes under federal jurisdiction in 1934)