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Appeals court stays Lamberth order on notices
Friday, July 29, 2005

The D.C. Circuit Court of Appeals on Thursday issued an administrative stay of a ruling that requires the Interior Department to notify Indian beneficiaries of failures in trust management.

The stay was issued to give the appeals court more time to review the July 12 ruling from U.S. District Judge Royce Lamberth. In a 34-page decision, he blasted the government for failing to live up to its trust responsibilities and ordered Interior to provided notices that acknowledge this record.

The Bush administration filed a notice of appeal and a motion for emergency stay on Monday. Attorneys for Interior Secretary Gale Norton claim that providing the notices to Indian beneficiaries will harm them rather than help them make decisions.

In a one-page per curiam order, the D.C. Circuit noted that its administrative stay is not based on the merits.

Appeals Court Order:
Cobell v. Norton (July 28, 2005)

Lamberth Decision:
Cobell v. Norton (July 12, 2005)

Relevant Links:
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Cobell v. Norton, Department of Justice - http://www.usdoj.gov/civil/cases/cobell/index.htm

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Lamberth critical of Norton's 'bad faith' on trust fund (10/25)
Interior denies attempt to halt trust fund payments (10/05)
Bush administration challenges trust fund ruling (09/16)
Appeals court takes on Cobell trust fund case (9/15)
Lamberth exchanges harsh words with Cobell critic (08/02)
Bush administration calls for end to Cobell case (04/09)
Cobell trust fund suit mediators announced (4/6)
DOI's Internet connection shut down for third time (03/16)
Lamberth defends special master against attack (03/16)
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