Mealey's Toxic Tort/Environmental - 5th Circuit: Government Not Liable For Breach In Allowing Drilling On Tribal Land

Mealey's Toxic Tort/Environmental - 5th Circuit: Government Not Liable For Breach In Allowing Drilling On Tribal Land

NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on July 10 ruled that the U.S. government was not liable for a breach of fiduciary duty to a tribe of Native Americans who claim aboriginal title to land on which the government is approving oil drilling licenses because the tribe failed to show that there was any "agency action" that gave the tribe subject matter jurisdiction over the land (The Alabama-Coushatta Tribe of Texas v. United States of America, et al., No. 13-40644, 5th Cir.; 2014 U.S. App. LEXIS 12946).

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