Facebook Twitter Email
SEPTEMBER 19, 2000

Having lost its taxation case in the Ninth Circuit Court of Appeals in July, the Crow Tribe of Montana may appeal the decision to the Supreme Court after it meets with lawyers on Wednesday to discuss the issue.

The Ninth Circuit ruled that the tribe's tax on land used by an electric utility was unlawful because the land used by the utility was a grant from Congress. Tribes do not exercise regulatory authority over Congressionally-granted rights of way because the Supreme Court considers them to be the same as non-Indian owned fee land.

The tribe stands to lose $1 million a year without the tax. Other tribes in the region also lose money.

The Tenth Circuit upheld a similar tax imposed by the Navajo Nation.

Get the Crow Decision:
Big Horn v. Adams (9th Circuit. No. 99-35799. July 2000)

Get the Story:
Next move on contentious Crow tax up to tribe (The Billings Gazette 9/19)

Related Stories:
Court rules against Crow tax (Tribal Law 07/18)