October 30, 2017
The Yerington Paiute Tribe, its chair and its tribal court pushed back in Nevada federal court Friday against a bid by two BP units to bar the tribe from suing them in the tribal court over environmental damage at an abandoned copper mine.
In their own opposition filing, the tribe and Chairman Laurie A. Thom said that it wouldn’t be proper to engage in “motion practice” before the federal court makes a ruling on their bid to dismiss the federal complaint. They said that the move for a preliminary injunction is the companies trying to get the tribe to waive its immunity by “engaging.”
“The tribe declines to take that bait, and stands on its position that this court lacks subject matter jurisdiction in the first instance,” Austin Tighe, the tribe’s attorney said. “The tribe stands on its motion to dismiss for lack of jurisdiction. If a court lacks jurisdiction, any request for a preliminary injunction is rendered moot.”
The Yerington Paiute Tribe is represented by NP partner Michael Angelovich and Of Counsel attorney Austin Tighe. The Law 360 article can be viewed here: