Pyramid Lake Tribe of Indians v. Donald Paul Hodel, Secretary of the Interior, and Truckee-Carson Irrigation District, Defendant-Intervenor-Appellee

The Pyramid Lake Tribe of Indians appeals from the district court’s refusal to enforce certain portions of a decree entered by the district court of the District of Columbia, Pyramid Lake Paiute Tribe of Indians v. Morton, 354 F.Supp. 252 (D.D.C. 1973) (Gesell, J.), and subsequently transferred to the district court for the District of Nevada. Pyramid Lake Paiute Tribe of Indians v. Clark, No. 2506-70 (D.D.C. Apr. 25, 1985). In refusing to enforce those portions of the decree, Judge Thompson, who has responsibility for administering the 1973 decree, as well as many other aspects of this very large and complicated case, cited “intervening legal decisions and changes of circumstances.” Pyramid Lake Paiute Tribe of Indians v. Hodel, No. CV-R-85-197-BRT, mem. at 2 (D.Nev. Jan. 29, 1986). The Tribe appeals, claiming that there are no changed conditions that would justify modification of the decree.

A court charged with administering a decree entered by it or its predecessor has broad authority to alter or modify the decree in light of changed circumstances, and consistent with principles of equity. See Fed.R.Civ.P. 60(b); United States v. Swift & Co., 286 U.S. 106, 114-15 , 52 S.Ct.…