Jump to Navigation
Jump to Content

Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak

ELR Citation: 42 ELR 20126
Nos. 11-246, (U.S., 06/18/2012)

The U.S. Supreme Court held that a property owner may proceed with his APA suit against the United States claiming that the Secretary of the Interior lacked authority under §465 of the Indian Reorganization Act to take title to land in trust for a Native American tribe seeking to open a casino. The government argued that the United States has sovereign immunity from suit by virtue of the Quiet Title Act. But the landowner's suit is not a quiet title action. Quiet title actions refer to suits in which a plaintiff not only challenges someone else's claim, but also asserts his own right to disputed property. That is not the case here. In addition, the landowner has prudential standing. He alleged economic, environmental, and aesthetic harms from the casino's operation, all of which come within §465's regulatory ambit. Kagan, J. delivered the opinion of the Court, in which Roberts, C.J., and Scalia, Kennedy, Thomas, Ginsburg, Breyer, and Alito, JJ., joined. Sotomayor, J., filed a dissenting opinion.