Water Agency Can Challenge Tribal Tax Rule, 9th Circ. Told

Law360, New York (November 17, 2015, 10:10 PM EST) -- A California water agency renewed its fight on Monday against a federal rule that bars state and local taxation and collection of fees from improvements such as hotels, restaurants and other nontribal facilities built on tribal lands, telling the Ninth Circuit that it can challenge the regulation.

The Desert Water Agency, a political subdivision of the state of California that serves customers in the Palm Springs area, argued in its brief that U.S. District Judge Dolly M. Gee got it wrong in finding that the agency lacks constitutional standing to challenge the U.S. Bureau of Indian Affairs’ rule.

The agency argues...

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