Pine Bar Ranch LLC v. Interior Board of Indian Appeals

This case is the latest installment in a lengthy dispute about the status of Surrell Creek Road, an unpaved road in Wyoming that crosses an Indian reservation. In an earlier point in this dispute, Pine Bar litigated in state court under the Wyoming Private Road Statute. The Wyoming Supreme Court concluded that Surrell Creek Road is a non-public road for purposes of that statute. Pine Bar then sought a determination by the Bureau of Indian Affairs (“BIA”) that Surrell Creek is a public road. Pine Bar failed to inform the agency of the earlier decision of the Wyoming Supreme Court. The Interior Board of Indian Appeals (“IBIA”) dismissed the appeal from a determination by the Bureau of Indian Affairs Regional Director that the road was non-public. Pine Bar then sued in federal district court seeking a declaration that Surrell Creek Road is a public road because it was built pursuant to the Civilian Conservation Corps (“CCC”) Act as well as reversal of the IBIA’s decision under the Administrative Procedure Act (“APA”). The district court granted summary judgment to defendants, concluding that it lacked jurisdiction because there was no valid waiver of sovereign immunity. Pine Bar…