South Dakota v. United States Department of Interior
665 F.3d 986
| 8th Cir. | 2012Background
- Tribe petitions the Secretary to take four parcels into trust under IRA §5 and related laws; State objects to a tribal member as initial decision-maker (Hawkins) due to possible bias; BIA regional and IBIA reviews upheld Hawkins' decisions on the merits; State seeks judicial review under the APA after exhausting administrative remedies; district court grants summary judgment for Secretary; State appeals and we dismiss for lack of standing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge the trust decision under APA | State has injury via tax revenue loss and regulatory impact | State lacks standing; not within 'zone of interests' for due process claim | State lacks standing; appeal dismissed |
| Standing under statutes authorizing trust acquisitions | Statutory rights support standing | Statutory standing not addressed on appeal; argument waived | Waived; court does not decide statutory standing |
| Constitutional due process claim by State | Implicit due process right equivalent to Fifth/Fourteenth Amendment protections | No standing to raise due process claim and argument waived | Waived/No standing; court does not rule on merits |
Key Cases Cited
- Yankton Sioux Tribe v. Podhradsky, 606 F.3d 994 (8th Cir. 2010) (lands taken into trust fall under Indian country; jurisdictional implications for states)
- Akiacark Native Cmty. v. U.S. Dep't of Interior, 584 F. Supp. 2d 1 (D.D.C. 2008) (state interest in loss of taxing/regulatory authority supports standing)
- City of Clarkson Valley v. Mineta, 495 F.3d 567 (8th Cir. 2007) (standing threshold; Article III requirements must be satisfied before merits)
- Bennett v. Spear, 520 U.S. 154 (1997) (prudential standing; zone of interests requirement)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (standing elements: injury, causation, redressability)