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Winnemucca Indian Colony v. United States

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2024-1108 · judgment October 16, 2025


1%
estimated cert probability
(petition-stage, structural)
GVR risk 1%

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

  1. Is the United States’ promise to provide the Winnemucca Indian Colony, a federally recognized Tribe with lands held in trust established by an Executive Order and a separate legislative act, coupled with the government’s nearly exclusive statutory and regulatory control over the water on Indian lands, sufficient to entitle an Indian tribe to money damages when the United States breaches its fiduciary duty to protect the natural resources on those Indian lands?

  2. Did the Federal Court of Appeals, Federal Circuit, err when it affirmed dismissal of the Winnemucca Indian Colony’s third claim for relief – Breach of Trust – Water?

  3. Can the Winnemucca Indian Colony state a cognizable claim for breach of trust against the United States in relation to BIA failure to prevent trespass and theft of natural resources by third parties, under the Winters doctrine and 25 C.F.R. § 152.22?

Counsel of record

For petitioner
Norberto John Cisneros
Maddox & Cisneros, PLLC

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Sep 03 2026
    Reply of Winnemucca Indian Colony submitted.
  2. Aug 20 2026
    Brief of respondent United States in opposition filed.
  3. Jul 24 2026
    Motion to extend the time to file a response is granted and the time is further extended to and including August 20, 2026.
  4. Jul 22 2026
    Motion to extend the time to file a response from July 27, 2026 to August 20, 2026, submitted to The Clerk.
  5. Jun 22 2026
    Motion to extend the time to file a response is granted and the time is extended to and including July 27, 2026.
  6. Jun 18 2026
    Motion to extend the time to file a response from June 26, 2026 to July 27, 2026, submitted to The Clerk.
  7. May 27 2026
    Response Requested. (Due June 26, 2026)
  8. May 12 2026
    DISTRIBUTED for Conference of 5/28/2026.
  9. May 07 2026
    Waiver of right of respondent United States to respond filed.
  10. Apr 08 2026
    Petition for a writ of certiorari filed. (Response due May 13, 2026)