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COBELL v. SALAZAR

No. 08-5500, 08-5506.

573 F.3d 808 (2009)

Elouise Pepion COBELL, et al., Appellants/Cross-Appellees v. Kenneth Lee SALAZAR, Secretary of the Interior, et al., Appellees/Cross-Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 2009.

Attorney(s) appearing for the Case

Dennis M. Gingold argued the cause for appellants/cross-appellees. With him on the briefs were Elliott H. Levitas and David C. Smith. Keith M. Harper entered an appearance.

Alisa B. Klein, Attorney, U.S. Department of Justice, argued the cause for appellees/cross-appellants. With her on the briefs were Michael F. Hertz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Robert E. Kopp, Mark B. Stern, Thomas M. Bondy, Alisa B. Klein, Mark R. Freeman, and Samantha L. Chaifetz, Attorneys. Tracy L. Hilmer and James C. Kohn, Attorneys, U.S. Department of Justice, and R. Craig Lawrence, Assistant U.S. Attorney, entered appearances.

Merrill C. Godfrey argued the cause for movant-intervenor Osage Nation. With him on the brief was James P. Tuite.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

In this interlocutory appeal, both plaintiffs and defendants in protracted litigation over trust accounts held by federal officials on behalf of American Indians seek review of orders of the district court. The district court held the Department of the Interior to be in continuing breach of its duty to account for trust funds and that accounting for the funds was impossible; it ordered monetary relief to the members of the plaintiff class. On...

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