Lummi Tribe of the Lummi Reservation v. United States
Petition for certiorari denied on October 1, 2018.
Issue
(1) Whether 28 U.S.C. § 1491 grants the Court of Federal Claims jurisdiction over an action to recover grant-in-aid funds unlawfully recouped by the United States or is the action one for specific relief which must be brought under the Administrative Procedure Act, 5 U.S.C. § 702; (2) whether the Court of Federal Claims has jurisdiction to enter a judgment on an illegal exaction claim when the United States had previously awarded money to a recipient under a grant-in-aid statute and then unlawfully recouped the funds; and (3) whether, when a grant-in-aid statute mandates that the United States pay grant funds to a plaintiff, the Court of Federal Claims has jurisdiction to enter a money judgment for the failure to pay the grant funds even if there are conditions on the use of the grant funds after they are awarded.
Recommended Citation: Lummi Tribe of the Lummi Reservation v. United States, SCOTUSblog, https://www.scotusblog.com/cases/lummi-tribe-of-the-lummi-reservation-v-united-states/