Hopi Tribe v. United States

The Tribe filed suit against the government seeking damages to cover the cost of providing safe drinking water on the northeastern Arizona Hopi Reservation. The reservation’s public water systems rely on groundwater drawn from subsurface layers of water-bearing rock. The Tribe alleges that the systems serving five communities on the eastern portion of the reservation contain unsafe levels of arsenic that exceed the federally allowed maximum. The Tribe alleges the United States funded and provided technical assistance for the construction of many of those wells. The Tribe owns and operates the public water systems serving four of the communities; the Bureau of Indian Affairs owns and operates the system serving the fifth. To invoke the court’s jurisdiction under the Indian Tucker Act, the Tribe must identify a statute or regulation imposing a specific obligation on the government to provide adequate drinking water that would give rise to a claim for money damages. The Court of Federal Claims concluded that the Tribe failed to do so. The Federal Circuit affirmed. The sources of law relied on by the Tribe do not establish a specific fiduciary obligation on the United States to ensure adequate water quality on the Reservation. View "Hopi Tribe v. United States" on Justia Law