709 F. App'x 17
D.C. Cir.2017Background
- Plaintiff Leatrice Tanner-Brown (and the Harvest Institute Freedman Federation) brought a putative class action seeking an accounting of oil-and-gas revenues allegedly owed a century ago to Cherokee Freedmen minors (through Tanner-Brown’s grandfather, George Curls) by the Department of the Interior.
- Curls received a 60-acre Cherokee allotment circa 1908; plaintiffs invoke protections in the 1908 Act that they say imposed a fiduciary duty on the Interior to monitor leasing of minor Freedmen’s allotments and keep royalty records.
- Plaintiffs allege Interior failed to account for royalties from leasing, so descendants (including Tanner-Brown) are entitled to an accounting remedy.
- The district court dismissed for lack of standing as to both Tanner-Brown and the Federation; this appeal followed and the D.C. Circuit affirmed.
- Key factual defects: the record contains contemporaneous reports showing "nothing of value" for Curls’s allotment and a 1919 transfer of his interest, and Tanner-Brown did not allege she inherited any interest or how Curls’s alleged loss concretely injured her.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing — injury in fact for Tanner-Brown | Tanner-Brown asserts she is heir to Curls and therefore injured by Interior’s failure to account for royalties owed to him | No concrete, particularized injury alleged: no showing royalties were lost on Curls’s allotment or that Tanner-Brown personally suffered a concrete loss | No standing: plaintiff failed to allege an injury in fact |
| Relevance of Cobell letter | Letter showing eligibility in Cobell Trust Administration Class demonstrates a cognizable injury here | Letter does not explain eligibility, does not link to Curls’s allotment, and even disclaims proof of heirship to restricted/trust lands | Letter insufficient to establish standing in this suit |
| Reliance on nearby leases / county oiliness | County and siblings’ leases suggest likely leasing on Curls’s land and thus a duty to account | Contemporaneous records specific to Curls’s allotment show no oil income; speculative inference insufficient | Speculation cannot supply the missing factual predicate for standing |
| Association standing for the Federation | Federation formed to litigate Freedmen claims and represents harmed descendants; can sue on members’ behalf | No identified member has demonstrated individual standing; pleadings are conclusory about members and individual participation | Federation lacks associational standing; dismissal affirmed |
Key Cases Cited
- Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) (plaintiff bears burden to show concrete injury for standing)
- Plains Commerce Bank v. Long Family Land & Cattle Co., 554 U.S. 316 (2008) (context on allotment and land issues)
- Muscogee (Creek) Nation v. Hodel, 851 F.2d 1439 (D.C. Cir. 1988) (background on allotment statutes and Curtis Act)
- Cobell v. Jewell, 802 F.3d 12 (D.C. Cir. 2015) (description of Trust Administration Class and accounting litigation)
- Cobell v. Norton, 240 F.3d 1081 (D.C. Cir. 2001) (earlier Cobell decision on trust accounting claims)
- Friends of the Earth, Inc. v. Laidlaw Envtl. Servs., Inc., 528 U.S. 167 (2000) (standards for associational standing)
- Arpaio v. Obama, 797 F.3d 11 (D.C. Cir. 2015) (conclusory pleadings insufficient to establish standing)
- Attias v. CareFirst, Inc., 865 F.3d 620 (D.C. Cir. 2017) (final, appealable order guidance)