1st Circ. Will Rehear Penobscot Tribe's Water Rights Case

By Michael Phillis (April 9, 2020, 3:24 PM EDT) -- The First Circuit will review en banc a divided panel ruling that the Penobscot Indian Nation can't lay claim to the Penobscot River's waters in Maine, agreeing to consider the federal government and tribe's argument that the waters should be part of the tribe's reservation.

The appeals court on Wednesday agreed to review the 2017 panel ruling that said the tribe's reservation includes the roughly 150 islands within a 60-mile navigable stretch of the river but not the water itself, based on two 1980s settlement acts. The court asked the parties to address a list of 12 questions, including the interpretation...

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