Motion for Leave to File, Confederated Tribes of the Chehalis Reservation et al. v. Mnuchin, No. 1:20-cv-01002 (D.D.C.), Doc. 13 (April 22, 2020)

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Consent Motion of Ahtna, Inc. to File Amicus Curiae Brief in Confederated Tribes of the Chehalis Reservation et al. v. Mnuchin, Civil Action No. 1:20-cv-01002-APM, dated April 22, 2020. Ahtna moves under Local Civil Rule 7(o)(2) for leave to file an amicus brief to assist the Court in resolving the issues raised in Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. The motion states that counsel for the Plaintiffs and the Government both consent. The proposed amicus brief is attached as Exhibit 1 and a proposed order as Exhibit 2. Michael J. O'Leary of Holland & Hart LLP signs.

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           Case 1:20-cv-01002-APM Document 13 Filed 04/22/20 Page 1 of 4




                                 UNITED STATES DISTRICT COURT
                                     DISTRICT OF COLUMBIA

    CONFEDERATED TRIBES OF THE
    CHEHALIS RESERVATION et al.,

                   Plaintiffs,                             Civil Action No: 1:20-cv-01002-APM
    v.

    STEVEN MNUCHIN, SECRETARY,
    UNITED STATES DEPARTMENT OF
    THE TREASURY,

                   Defendant.


         CONSENT MOTION OF AHTNA, INC. TO FILE AMICUS CURIAE BRIEF

         Pursuant to Local Civil Rule 7(o)(2) of this Court, Ahtna, Inc. (“Ahtna”) hereby moves for

leave to file an amicus brief to assist the Court in resolving the issues raised in Plaintiffs’ Motion

for Temporary Restraining Order and Preliminary Injunction (“Motion”) (Dkt. 3). A copy of the

proposed amicus brief is attached as Exhibit 1. Counsel for the Plaintiffs and the Government both

consent to Ahtna’s filing of an amicus brief in this matter.1 A proposed order accompanies this

Motion.

I.       LEGAL STANDARD

         This Court has discretion to accept amicus curiae briefs. Jin v. Ministry of State Sec., 557

F. Supp. 2d 131, 136 (D.D.C. 2008). The participation of an amicus curiae is appropriate “‘when

the amicus has unique information or perspective that can help the court beyond the help that the

lawyers for the parties are able to provide.’” Id. at 137 (quoting Ryan v. Commodity Futures

Trading Comm’n, 125 F.3d 1062, 1064 (7th Cir. 1997)). In particular, courts have “permitted

parties to file amicus briefs where ‘the brief will assist the judges by presenting ideas, arguments,

theories, insights, facts, or data that are not to be found in the parties’ briefs.’” In re Search of Info.


1
    On April 21 and April 22, undersigned counsel conferred with counsel for both the Plaintiffs and the United States
via electronic mail and was advised they consented to the filing of a brief.

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          Case 1:20-cv-01002-APM Document 13 Filed 04/22/20 Page 2 of 4



Associated with [Redacted]@mac.com that is Stored at Premises Controlled by Apple, Inc., 13 F.

Supp. 3d 157, 167 (D.D.C. 2014) (quoting Voices for Choices v. Illinois Bell Tel. Co., 339 F.3d

542, 545 (7th Cir. 2003)); see also Hard Drive Prods., Inc. v. Does 1-1, 495, 892 F. Supp. 2d 334,

337 (D.D.C. 2012) (“‘An amicus curiae, defined as ‘friend of the court,’ does not represent the

parties but participates only for the benefit of the Court.’”) (quoting United States v. Microsoft

Corp., No. 98-1232, 2002 WL 319366, at *2 (D.D.C. Feb. 28, 2002)).

II.     AHTNA IS AN APPROPRIATE AMICUS CURIAE IN THIS MATTER

        Ahtna is an Alaska Native Regional Corporation (“ANC” or “ANCSA corporation”)

created pursuant to the Alaska Native Claims Settlement Act (“ANCSA”), 43 U.S.C. §§ 1601-

1629. Ahtna’s mission is the “[w]ise stewardship of Ahtna lands and responsible economic

growth, for future generations of Ahtna people.”2 To this end, Ahtna represents the interests of its

more than 2,000 Alaska Native shareholders and owns lands and resources located in eastern

Alaska. Ahtna is charged with advancing the interests of its Alaska Native shareholders, many of

whom have limited incomes and live in remote locations in rural Alaska. Ahtna, like other Alaska

Native communities, has faced significant hardships during the current COVID-19 global

pandemic as outlined below. Accordingly, Ahtna has a critical need for relief funding.

        Plaintiffs in this action, eleven Indian tribes from Alaska, Arizona, California, New

Mexico, Maine, and Washington state, challenge the eligibility of ANCSA corporations to receive

a portion of the $8,000,000,000 in federal funds appropriated for payments to “Tribal

governments” under Title V of the Coronavirus Aid, Relief, and Economic Security (“CARES”)

Act. H.R. 748, Section 601(a)(2)(B) & (b)(1). Plaintiffs’ claims require consideration of the role

that ANCSA corporations play in Alaska Native communities and Congress’ intent in including



2
   Mission, Vision, and Values, AHTNA, INC., https://www.ahtna.com/mission-vision-and-values/ (last accessed
Apr. 22, 2020).

                                                     2
         Case 1:20-cv-01002-APM Document 13 Filed 04/22/20 Page 3 of 4



them as “Tribal governments” under the Act.

       Ahtna is not submitting its brief in support of any party to this action. However, it is well

positioned to assist the Court by: (1) outlining the critical and unique role that ANCSA

corporations play in supporting Alaska Native communities; and (2) providing relevant

information and legal precedent that may inform the Court’s analysis of Congress’ intent in

enacting the relevant provisions of the CARES Act. Ahtna submits that this information will assist

the Court by supplementing the information provided by the parties and is unlikely to be otherwise

presented to the Court.

       Finally, this request for leave is timely. Plaintiff did not file their Motion until April 20,

briefing was originally set for today and tomorrow, and the matter is set for a hearing before the

Court on April 23. Accordingly, consideration of the information provided by Ahtna will not lead

to any delay in the proceedings.

                                         CONCLUSION

       For the foregoing reasons, the motion for leave to file a brief as amicus curiae should be

granted. If such relief is granted, Ahtna requests that the accompanying brief be considered filed

as of the date of this motion’s filing. The proposed amicus brief (including a certificate of

corporate disclosure) is attached as Exhibit 1 to this motion. A proposed order is attached as

Exhibit 2.

Dated: April 22, 2020                                Respectfully submitted,

                                                     /s/ Michael J. O’Leary
                                                     Michael J. O’Leary, DC Bar No. 1014610
                                                     HOLLAND & HART LLP
                                                     901 K Street NW, Suite 850
                                                     Washington, D.C., 20001
                                                     (202) 654-6922
                                                     mjoleary@hollandhart.com




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         Case 1:20-cv-01002-APM Document 13 Filed 04/22/20 Page 4 of 4



                                CERTIFICATE OF SERVICE

       I hereby certify that a true and correct copy of the foregoing was electronically filed with

the Clerk of the Court using the CM/ECF system, which will send notification of such filing to

all counsel of record.

                                                     /s/ Michael J. O’Leary
                                                     Michael J. O’Leary




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