KCC v. United States

Attorney: Melody McCoy, Donald R. Wharton

NARF represents the Klamath Tribes as amicus curiae in this claim by the “Klamath Claims Committee” (KCC) against the United States over KCC’s alleged rights to the Tribe’s treaty water rights and to one of the Tribes’ trust accounts (the self-created and self-proclaimed KCC also makes a similar argument in its pending motion to intervene in Nez Perce v. Jewell). The U.S. Court of Federal Claims dismissed KCC’s action there on the ground that the Tribes is an indispensable party who could not be joined due to the Tribes’ sovereign immunity from suit. KCC appealed to the U.S. Court of Appeals for the Federal Circuit. The Court of Appeals granted the Tribes’ motion for leave to file an amicus brief and denied KCC’s motions to strike the Tribes’ reply brief in support of its motion for leave to file an amicus brief and for sanctions against the Tribes. The Tribes’ motion to participate in oral argument also was granted. Oral argument was held in Washington, DC on June 7, 2013. On August 23, 2013, the Court of Appeals’ three-judge panel affirmed the lower court’s dismissal of this action as the United States and Tribe requested.

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