The U.S. Court of Federal Claims recently held that 28 U.S.C. § 1500 bars claims transferred to the CFC. In Skokomish Indian Tribe v. United States, the Tribe sued the Government and several other parties in federal district court, alleging that the operation of the Cushman Hydroelectric Project near Tacoma, Washington, violated the Administrative Procedure Act, an 1855 Treaty, Washington tort law, and the Government’s trust duties to the Tribe. The district court concluded that some of the claims—notably, the claims arising under the 1855 Treaty, and other claims against the Government—must be brought in the CFC. The district court then transferred the claims against the Government under 28 U.S.C. § 1631, the transfer statute.
A recent article by Professor Donald J. Kochan, Chapman University School of Law, published in Brigham Young University Law Review, discusses legislation in the state of Utah that “demand[s] that the federal government, by December 31, 2014, ‘extinguish title’ to certain public lands that the federal government currently holds (totaling an estimated more than 20 million acres).” The article is available for download here.