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Breach of Trust and Government Mismanagement

The firm frequently represents tribes in suits against the federal government in cases in which the government has failed to honor its trust responsibility and has mismanaged tribal resources. One such example is an ongoing litigation in the Court of Federal Claims in which our tribal client alleges that BIA and other agencies mismanaged on-reservation range, timber, and water resources, among other breaches of the government's trust responsibility. Another example is Assiniboine and Sioux Tribes of the Fort Peck Reservation v. United States, 16 Ct. Fed. Cl. 158 (1989), in which the court awarded damages of $4 million against the United States for its misappropriation of interest on tribal and individual Indian trust funds while those funds were on deposit in special deposit accounts. Many of our other cases, including some of those described in the Hunting and Fishing Rights, Land Claims, and Water Rights sections, have also involved breach of the trust responsibility and federal mismanagement of tribal resources.

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