The Glacier Reporter, Browning, Montana
Elouise Cobell, lead plaintiff in the class action lawsuit over the federal government’s mismanagement of the individual Indian Trust, expressed delight with the Jan. 30 ruling by U.S. District Judge James Robertson in the 11-year-old litigation.
“This is a great day in Indian Country,” she said after the judge’s ruling was released in Washington.
“We’ve argued for over 10 years that the government is unable to fulfill its duty to render an adequate historical accounting, much less redress the historical wrongs heaped upon the individual Indian trust beneficiaries.
“Instead of truthfully seeking to remedy the government’s admitted historical mismanagement, the government elected to fight plaintiffs every step of the way.
“Judge Robertson has settled the debate in favor of plaintiffs and found that an adequate historical accounting is, in fact, impossible.
“Plaintiffs look forward to Judge Robertson’s scheduling of a hearing ‘determining an appropriate remedy’ in light of their failure to render the court-ordered accounting.”
In his ruling, Judge Robertson declared:
“My conclusion that Interior is unable to perform an adequate accounting of the IIM [Individual Indian Money] Trust does not mean that a just resolution of this dispute is hopeless. It does mean that a remedy must be found for the Department’s unrepaired, and irreparable, breach of its fiduciary duty over the last century. And it does mean that the time has come to bring this suit to a close.”
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