Defending Tribal Sovereignty

On Tuesday, the Crow Tribe, represented by the Native American Rights Fund (NARF), will defend its sovereignty in the U.S. Court of Appeals for the 9th Circuit. The court will hear online the oral arguments in Big Horn County Electric Cooperative v. Alden Big Man, et al.

Big Horn is the primary provider of electric energy and service to the Crow Reservation, located in southeastern Montana. In January 2012, the utility company disconnected service to Crow Tribal citizen Alden Big Man for non-payment on his account, allegedly without giving notice or obtaining approval as required by a Crow statute.

The Crow statute requires utility providers to give proper notice and obtain approval of the Crow Tribal Health Board before disconnecting service to elderly, indigent, and disabled residential customers during winter months. Like similar laws in place across the United States, the Crow Tribe’s statute seeks to protect vulnerable populations during the harsh winters. Big Horn argues that the Crow statute does not apply to its activities and conduct on the Reservation where it has operated for over 80 years.

“The Crow Tribe’s statute includes common and straightforward pre-disconnection provisions. The federal district court embraced the Tribe’s decision and right to apply the law to Big Horn, and we hope the court of appeals agrees,” said NARF Staff Attorney Melody McCoy.

WATCH ORAL ARGUMENTS ONLINE TUE. FEB. 8:

The U.S. Court of Appeals for the 9th Circuit will broadcast the oral arguments live online on Tuesday, February 8, at: https://www.ca9.uscourts.gov/media/streaming/watch/seattle-virtual-courtroom-2-00-am-tuesday-02-08/

As of this writing, the Big Horn v. Big Man case (21-35223) lists second on a docket of three cases for argument before the court. The court intends to begin hearing cases at 9 a.m. PST. For more information, consult the February calendar for the William K. Nakamura Courthouse in Seattle, Washington at: https://www.ca9.uscourts.gov/calendar/

The court will publish a copy of the oral arguments on the court’s social media channel at a later date: https://www.youtube.com/c/9thCircuit/search?query=21-35223

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