Klamath Irrigation District v. the United States 01-591l and 01-5910l Through 01

OPINION

ALLEGRA, Judge:

Section 1500 of Title 28 of the United States Code bars litigation in this court of the same dispute pending in another court. Passed shortly after the Civil War, and long outliving its original purpose, this gatekeeper provision has oft been described as an “anachronism” 1 and a “trap for the unwary.” 2 Yet, in recent years, it has experienced a risorgimento, triggered by the Supreme Court’s decision in United States v. Tohono O’odham Nation, — U.S. —, 131 S.Ct. 1723, 179 L.Ed.2d 723 (2011), and perpetuated by the United States’ litigating positions. Defendant, at…