Legal Opinion

Mashpee Wampanoag Tribal Council, Inc. v. Norton

Court of Appeals for the D.C. Circuit

Decided August 8, 2003No. 02-5139PublishedCited by 393 opinions

1Opinion of the Court

Opinion for the Court filed by Chief

Judge GINSBURG.

GINSBURG, Chief Judge:

This case involves a petition by Mashpee Wampanoag Tribal Council, Inc., for recognition by the United States as an Indian tribe. The Secretary of the Interior appeals an order of the district court finding the Bureau of Indian Affairs (BIA) unreasonably delayed acting upon the petition, in violation of the Administrative Procedure Act, 5 U.S.C. §§ 555(b), 706(1), and requiring the Bureau to decide the matter within one year. Because we believe the district court misapplied the law of agency delay, we send the case back…

2Cases cited11 opinions

  1. California v. Cabazon Band of Mission IndiansSupreme Court of the United States · 1987
  2. Telecommunications Research & Action Center v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1984
  3. In Re Barr Laboratories, Inc.Court of Appeals for the D.C. Circuit · 1991
  4. Cobell, Elouise v. Norton, Gale A.Court of Appeals for the D.C. Circuit · 2001
  5. James v. Talano, M.D. v. Northwestern Medical Faculty Foundation, Inc.Court of Appeals for the Seventh Circuit · 2001

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3Cited by393 opinions

  1. In Re Core Communications, Inc.Court of Appeals for the D.C. Circuit · 2008
  2. American Hospital Association v. Sylvia BurwellCourt of Appeals for the D.C. Circuit · 2016
  3. Ansberto Gonzalez v. Kenneth Cuccinelli, IICourt of Appeals for the Fourth Circuit · 2021
  4. Adrian Da Costa v. Immigration Investor Program OfficeCourt of Appeals for the D.C. Circuit · 2023
  5. Center for Science in the Public Interest v. United States Food and Drug AdministrationDistrict Court, District of Columbia · 2014

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