NORTHERN ARAPAHO TRIBE v. HARNSBERGER

No. 09-8098.

697 F.3d 1272 (2012)

NORTHERN ARAPAHO TRIBE, Plaintiff-Appellant, v. Scott HARNSBERGER, Treasurer, Fremont County, Wyoming; Edmund Schmidt, Director, Wyoming Department of Revenue and Taxation; Daniel Noble, Administrator, Excise Tax Division, Wyoming Department of Revenue and Taxation, in their individual and official capacities, Defendants-Appellees, and United States of America; Eastern Shoshone Tribe, Third-Party-Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 18, 2012.


Attorney(s) appearing for the Case

Kelly A. Rudd ( Andrew W. Baldwin , Berthenia Crocker , and Janet E. Millard , with him on the briefs), Baldwin, Crocker & Rudd, P.C., Lander, WY, for Plaintiff-Appellant.

Martin L. Hardsocg , Deputy Attorney General, Cheyenne, WY ( Gregory Phillips , Attorney General, and David L. Delicath , Deputy Attorney General, Cheyenne, WY, Brian T. Varn , Fremont County Attorney, and Jodi A. Darrough , Deputy Fremont County Attorney, Lander, WY, with him on the briefs), for Defendants-Appellees.

Katherine J. Barton , Attorney, Environmental & Natural Resources Division, Department of Justice, Washington, D.C. ( Ignacia S. Moreno , Assistant Attorney General, and Patricia Miller and Elizabeth A. Peterson , Attorneys, Environmental & Natural Resources Division, Department of Justice, Washington, D.C., with her on the brief), for Third-Party-Defendant-Appellee United States of America.

Kimberly D. Varilek , Attorney General for the Eastern Shoshone Tribe, Ft. Washakie, WY ( Donald R. Wharton , Native American Rights Fund, Boulder, CO, with her on the brief), for Third-Party-Defendant-Appellee Eastern Shoshone Tribe.

Before KELLY, EBEL, and HOLMES, Circuit Judges.


EBEL, Circuit Judge.

Plaintiff-Appellant, the Northern Arapaho Tribe ("Appellant" or "Northern Arapaho"), sued various state and county officials in Wyoming, seeking an injunction against the state's imposition of certain vehicle and excise taxes in an area that Appellant contends is Indian country. Appellant claimed that the state may not tax its members in Indian country, and that the Indian country status of the land...

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