Legal Opinion
United States v. Pend Oreille County Public Utility District No. 1
Court of Appeals for the Ninth Circuit
Decided January 28, 1998No. Nos. 95-36289, 96-35022 and 96-35045PublishedCited by 4 opinions
1Opinion of the Court
Opinion by Judge BOOCHEVER; Dissent by Judge FERGUSON.
BOOCHEVER, Circuit Judge:
The United States and the Kalispel Indian Tribe appeal, and the Pend Oreille County Public Utility District No. 1 cross-appeals, the district court’s decision awarding damages to the Tribe for the utility’s flooding of tribal lands. This is the third appeal to this court from continuing controversies arising out of the 1955 construction of the Box Canyon dam in Washington.
*606FACTS
The statement of facts is drawn in large part from the two previous Ninth Circuit decisions in this case, United States v. Pend Oreille…
2Cases cited13 opinions
- Board of Comm'rs of Jackson Cty. v. United StatesSupreme Court of the United States · 1939
- Minnesota v. United StatesSupreme Court of the United States · 1939
- Federal Power Commission v. Tuscarora Indian NationSupreme Court of the United States · 1960
- American-Arab Anti-Discrimination Committee v. RenoCourt of Appeals for the Ninth Circuit · 1995
- The Hopi Tribe, Plaintiff-Appellee-Cross-Appellant v. The Navajo Tribe, Defendants-Appellants-Cross-Appellees v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1995
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3Cited by4 opinions
- Alaska Department of Natural Resources v. United StatesCourt of Appeals for the Ninth Circuit · 2016
- Brown v. ClarkeDistrict Court, E.D. Virginia · 2021
- Powell v. ClarkeDistrict Court, E.D. Virginia · 2020
- United States of America, and Kalispel Indian Tribe, Plaintiff-Intervenor v. Pend Oreille County Public Utility District No. 1, and Washington State Department of Natural Resources, Defendant-Intervenor. United States of America, and Kalispel Indian Tribe, Plaintiff-Intervenor v. Pend Oreille County Public Utility District No. 1, and Washington State Department of Natural Resources, Defendant-Intervenor. United States of America, and Kalispel Indian Tribe, Plaintiff-Intervenor v. Pend Oreille County, and Washington State Department of Natural Resources, Defendant-Intervenor v. Kalispel Indian Tribe, Plaintiff-IntervenorCourt of Appeals for the Ninth Circuit · 1998