Desert Water Agency v. United States Department of the Interior, Kenneth L. Salazar, United States Bureau of Indian Affairs, Kevin K. Washburn, and Does 1 through 10, inclusive
Published: Sep. 13, 2014 | Result Date: Feb. 21, 2014 | Filing Date: Jan. 1, 1900 |Case number: 5:13-cv-00606-DMG-OP Bench Decision – Defense
Facts
The Desert Water Agency filed a complaint against the U.S. Dept. of the Interior, Kenneth Salazar, U.S. Bureau of Indian Affairs, and Kevin Washburn.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that the federal regulation did not preclude it from charging non-Indian lessees it serviced on the Agua Caliente Reservation. Alternatively, plaintiff argued the regulation was arbitrary and capricious, and an abuse of discretion to the extent that the regulation precluded plaintiff from charging non-Indian lessees on Agua Caliente Reservation. As such, plaintiffs filed this complaint seeking declaratory and injunctive relief.
DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss plaintiff's complaint, arguing that plaintiff lacked standing and that its claims were not ripe for adjudication.
Result
The court agreed to dismiss the complaint.
Other Information
FILING DATE: March 29, 2013.
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