Patchak v. Salazar
394 U.S. App. D.C. 138
| D.C. Cir. | 2011Background
- Patchak sued to enjoin taking the Bradley Tract into trust for the Gun Lake Band under the IRA and Gaming Act; the Secretary announced the trust decision in 2005 and waited 30 days for review; MichGO challenged the decision and Patchak intervened after MichGO’s suit; Patchak asserted Article III and APA standing based on anticipated harms from casino development near his residence; Carcieri v. Salazar later held IRA limits trust authority to tribes under federal jurisdiction in 1934; the district court dismissed Patchak for prudential standing and questioned jurisdiction under the Quiet Title Act, but Patchak’s case was later appealed with the intervening Carcieri ruling in mind.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Patchak has standing (Article III and zone-of-interests). | Patchak’s nearby residence and community harms fall within the IRA’s interests. | Band/DOI argue Patchak lacks any zone-of-interests connection to IRA and Gaming Act. | Patchak has prudential standing under the zone-of-interests test. |
| Whether the Quiet Title Act bars Patchak’s suit. | Patchak’s suit is not a Quiet Title Act action seeking title to real property. | Quiet Title Act bars suits to divest United States of title to Indian lands, including trust lands. | Quiet Title Act does not bar Patchak’s suit; APA §702 waiver applies. |
| Whether the APA §702 waiver of sovereign immunity applies in light of the Quiet Title Act. | APA §702 waives immunity for non-monetary challenges to agency action. | Quiet Title Act precludes such non-monetary suits against Indian lands. | Because the Quiet Title Act does not cover Patchak’s suit, §702 waiver applies. |
Key Cases Cited
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (standing requirements)
- Data Processing Service Organizations v. Camp, 397 U.S. 150 (1970) (zone-of-interests test for standing)
- Camp v. Data Processing Servs., 397 U.S. 150 (1970) (See Data Processing—zone-of-interests)
- Block v. North Dakota, 461 U.S. 273 (1983) (Quiet Title Act is the exclusive means to challenge title to real property)
- Mottaz v. United States, 476 U.S. 834 (1986) (Quiet Title Act's scope and limitations; adverse claimants)
- Carcieri v. Salazar, 129 S. Ct. 1058 (2009) (IRA limits trust authority to tribes under federal jurisdiction in 1934)
- Mova Pharm. Corp. v. Shalala, 140 F.3d 1060 (1998) (zone-of-interests and APA standing)
- National Credit Union Admin. v. First Nat’l Bank & Trust Co., 522 U.S. 479 (1998) (zone-of-interests broad construction)
- Sierra Club v. Morton, 405 U.S. 727 (1972) (standing involves concrete injury and interest)
- American Chiropractic Ass’n v. Leavitt, 431 F.3d 812 (2005) (standing/APA considerations in health policy)
- United States v. Mottaz, 476 U.S. 834 (1986) (Quiet Title Act exclusive remedy; limitations)
- Neighbors for Rational Development, Inc. v. Norton, 379 F.3d 956 (2004) (courts’ views on Quiet Title Act scope)
- Metro. Water Dist. of S. Cal. v. United States, 830 F.2d 139 (1987) (Quiet Title Act considerations)
- Fla. Dep’t of Bus. Regulation v. Dep’t of Interior, 768 F.2d 1248 (1985) (arguments on Quiet Title Act applicability)