1) When a State taxes the receipt of fuel by non-tribal distributors, manufacturers and importers, and such receipt occurs off-reservation, does the interest-balancing test in White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), apply because the fuel is later sold by a tribe to final consumers?
2) Should the Court abandon the White Mountain Apache interest-balancing test in favor of a preemption analysis based on the principle that Indian immunities are dependent upon congressional intent?
3) Did the court of appeals err in applying the White Mountain Apache interest balancing test by, inter alia, placing dispositive weight on the fact that a tribally-owned gas station derives income from largely non-tribal patrons of the tribe's nearby casino?Question:
When a State taxes receipt of fuel by non-tribal, off-reservation distributors, manufacturers, and importers, should the White Mountain Apache v. Bracker interest-balancing test apply if the fuel is later sold by an Indian tribe?Note:
FORMERLY <span style="font-style: italic;">Richards v. Prairie Band Potawatomi Nation</span>