Timbisha Shoshone Tribe, et al. v. Salazar, et al., No. 11-5049 (D.C. Cir. 2012)Annotate this Case
Plaintiffs, individuals claiming to be the Tribal Council of the Timbisha Shoshone, argued that the Western Shoshone Claims Distribution Act, Pub. L. No. 108-270, section 3, 118 Stat. 805, 806, was an unconstitutional taking of tribal property. The district court granted the Government's motion to dismiss, holding that the Distribution Act was constitutional. Plaintiffs appealed. The court concluded that plaintiffs lacked standing where the court had a letter from the Executive Branch recognizing the Gholson faction, not Kennedy faction, and therefore, the court did not reach the merits. Accordingly, the court vacated the judgment and remanded with instructions to dismiss the complaint for lack of jurisdiction.