Harvey v. Ute Indian Tribe of the Uintah & Ouray Reservation

In this case brought against the Ute Indian Tribe, tribal officials, various companies owned by the tribal officials, oil and gas companies, and other companies, Plaintiff alleged that, through its ability to restrict the oil and gas industry’s access to the Uintah and Ouray Reservation, the tribe has held hostage the economy of the non-Indian population in the Uintah Basin. The district court dismissed Plaintiff's claims against all Defendants. The Supreme Court affirmed the dismissal of the Ute Indian Tribe under sovereign immunity and the dismissal of Newfield, LaRose Construction, and D. Ray C. Enterprises for failure to state a claim upon which relief can be granted but vacated the dismissal of the remaining defendants and remanded for further proceedings consistent with the tribal exhaustion doctrine, holding (1) the Ute Tribe is immune from suit, but the tribal officials were not protected by sovereign immunity in their individual capacities; (2) the district court erred in dismissing the case for failure to join and indispensable party; (3) the tribal exhaustion doctrine prevents Utah courts from reviewing the case at this time; and (4) certain defendants were entitled to dismissal for failure to state a claim, but the remaining defendants were not. View "Harvey v. Ute Indian Tribe of the Uintah & Ouray Reservation" on Justia Law