Caddo Nation of Oklahoma v. Wichita & Affiliated Tribes, No. 16-6161 (10th Cir. 2017)Annotate this Case
In 2015, Wichita and affiliated tribes made plans to build a History Center on a plot of land held by the federal government in trust for the Wichita Tribe, Delaware Nation, and Caddo Nation jointly. One of those neighbors, the Caddo Nation, claimed the land may contain remains of ancestral relatives. Before the Wichita Tribe began construction, Caddo Nation sued the Wichita Tribe for allegedly violating the procedures required by the National Historic Preservation Act (NHPA) and the National Environmental Policy Act (NEPA) throughout the planning process. Caddo Nation sought an emergency temporary restraining order preventing Wichita Tribe from continuing construction until it complied with those procedures. When the district court denied that request, Caddo Nation appealed to the Tenth Circuit Court of Appeals without seeking further preliminary relief. In the intervening year while the case was on appeal with the Tenth Circuit, Wichita Tribe completed construction of the History Center. The Tenth Circuit concluded it had no jurisdiction over this appeal because the relief Caddo Nation requested from the district court was moot.