STATE OF S.D. v. BOURLAND

Nos. 90-5486, 90-5515.

949 F.2d 984 (1991)

STATE OF SOUTH DAKOTA in its own behalf, and as parens patriae, Appellee, v. Gregg BOURLAND, personally and as Chairman of the Cheyenne River Sioux Tribe and Dennis Rousseau, personally and as Director of Cheyenne River Sioux Tribe Game, Fish and Parks, Appellants. STATE OF SOUTH DAKOTA in its own behalf, and as parens patriae, Appellant, v. Gregg BOURLAND, personally and as Chairman of the Cheyenne River Sioux Tribe and Dennis Rousseau, personally and as Director of Cheyenne River Sioux Tribe Game, Fish and Parks, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 21, 1991.


Attorney(s) appearing for the Case

Scott B. McElroy, Boulder, Colo., argued (Bruce R. Greene, Boulder, Colo., and Steven C. Emery, Eagle Butte, S.D., on brief), for appellants.

David C. Shilton, Dept. of Justice, Washington, D.C., argued (Richard B. Stewart, Edward J. Shawaker, William A. White and Steven K. Linscheid, on brief), for amicus curiae.

John P. Guhin, Pierre, S.D., argued (Mark Smith, on brief), for appellee.

Before BOWMAN, Circuit Judge, HEANEY and BRIGHT, Senior Circuit Judges.


BOWMAN, Circuit Judge.

This is an appeal from the decision of the District Court permanently enjoining the tribal defendants from regulating the hunting and fishing activities of nonmembers of the Cheyenne River Sioux Tribe ("Tribe") on certain lands within the Cheyenne River Reservation. We affirm in part, reverse in part, and remand in part.1

I.

The Great Sioux Reservation was established by the Treaty with the Sioux...

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