Legal Opinion

Alabama-Coushatta Tribe of TX v. USA

Court of Appeals for the Fifth Circuit

Decided July 9, 2014No. 13-40644PublishedCited by 82 opinions

1Opinion of the Court

CARL E. STEWART, Chief Judge:

The Alabama-Coushatta Tribe of Texas brought suit against the United States and various federal agencies alleging inter alia violations of the Administrative Procedures Act and federal common law. The district court granted the Government’s motion to dismiss for lack of subject matter jurisdiction. Because we hold that the Tribe has failed to allege “agency action” sufficient to meet the standards required for waiver of the Government’s sovereign immunity, we AFFIRM.

FACTS AND PROCEEDINGS

The Alabama-Coushatta Tribe of Texas (“Tribe”) is a federally-recognized…

2Cases cited22 opinions

  1. Paul W. Douglass v. United Services Automobile AssociationCourt of Appeals for the Fifth Circuit · 1996
  2. Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
  3. Lane v. PenaSupreme Court of the United States · 1996
  4. Trudeau v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 2006
  5. Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974

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3Cited by82 opinions

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  2. Wages and White Lion Invst v. FDACourt of Appeals for the Fifth Circuit · 2021
  3. John Doe v. United StatesCourt of Appeals for the Fifth Circuit · 2017
  4. Walmart v. DOJCourt of Appeals for the Fifth Circuit · 2021
  5. Ft Bend Cty v. US Army CorpsCourt of Appeals for the Fifth Circuit · 2023

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