District Court, District of Columbia July 27, 2009, Civil Action 08-1601 (JDB) (Three Affiliated Tribes of the Fort Berthold Indian Reservation v. United States)

MEMORANDUM OPINION

JOHN D. BATES, District Judge.

Plaintiff Three Affiliated Tribes of the Fort Berthold Reservation (“Three Tribes”) brings this action against the United States of America, Michael O. Leavitt, Secretary of the U.S. Department of Health and Human Services, Robert G. McSwain, Director of the Indian Health Service (“IHS”), and Charlene M.