Big Horn Cty. Electric Coop. v. Alden Big Man

FILED

NOT FOR PUBLICATION

MAR 11 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BIG HORN COUNTY ELECTRIC No. 21-35223 COOPERATIVE, INC., a Montana Corporation, D.C. No. 1:17-cv-00065-SPW-TJC Plaintiff-Appellant,

v. MEMORANDUM*

ALDEN BIG MAN; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding

Argued and Submitted February 8, 2022 Seattle, Washington

Before: BYBEE, BEA, and CHRISTEN, Circuit Judges.

Big Horn County Electric Cooperative (BHCEC) appeals the district court’s

grant of summary judgment for all defendants, holding that the Crow Tribe has

regulatory and adjudicatory authority over BHCEC’s activities on the land where

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Big Man resides. The district court determined that Big Man resides on tribal trust

land and that BHCEC had not met its burden of showing that…