Confederated Tribes of the Colville Reservation v. Sebelius et al

Filing 45

OPINION AND ORDER. Signed on 4/25/13 by Judge Michael W. Mosman. (dls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

CONFEDERATED TRIBES OF THE
COLVILLE RESERVATION,
No. 3:12-cv-00782-MO
Plaintiff,
OPINION AND ORDER
v.
KATHLEEN SEBELIUS et al.,
Defendants.
MOSMAN, J.,
On April 23, 2013, the Court held oral argument in the above-captioned case. The
principal question before the Court is whether the Declination Letter satisfies the minimum
statutory requirements. I find the Declination Letter is adequate. At oral argument, we discussed
the degree of deference owed, if any, to the Agency’s interpretation of the relevant statute:
Chevron, Skidmore, or none. Under any of the above, I find the Agency has correctly interpreted
the requirements of the Declination Letter and its obligations in determining what we have called
the “baseline amount” or the “Secretarial amount.” Even under plaintiff’s view of the Agency’s
obligations in determining the Secretarial amount, I find the Declination Letter sets forth all the
statute requires in rejecting plaintiff’s request.
1 – OPINION AND ORDER

Based on this Opinion and Order and for the reasons stated on the record, I therefore
DENY plaintiff’s motion for summary judgment [32] and GRANT defendants’ motion for
summary judgment [36].
IT IS SO ORDERED.
DATED this

25th

day of April, 2013.

/s/ Michael W. Mosman
MICHAEL W. MOSMAN
United States District Judge

2 – OPINION AND ORDER