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Attorney General says DOI withdrew opinion and court allowed hunting/fishing case to proceed
Summary
Attorney General General Harsha told the Rules Committee the U.S. Department of the Interior withdrew a previously issued opinion he said misread law and history, and he reported a judge denied the state's motion to dismiss the Cherokee Nation hunting and fishing case.
At the June 25 Rules Committee meeting, Attorney General General Harsha updated council members on several litigation matters affecting Cherokee Nation sovereignty.
General Harsha said the U.S. Department of the Interior Office of the Solicitor has withdrawn an 'M' opinion that had been issued by the prior administration. "That opinion is formally withdrawn now," he said, and described the earlier opinion as having "manifestly incorrectly assessed both the law, our history, and the facts." The Attorney General framed the withdrawal as the result of a significant briefing that demonstrated flaws in the prior analysis.
On tribal litigation, Harsha reported that in the Cherokee Nation hunting and fishing case a presiding judge denied the state's motion to dismiss, a procedural ruling that keeps parts of the case active. On the Strobel matter he said the U.S. Supreme Court did not accept the state's petition and that unresolved issues could still be litigated in federal court.
Harsha did not announce immediate next steps for appeals or further filings but characterized the developments as significant for the Nation's legal posture. The committee did not take formal action on these matters during the meeting.
