WISCONSIN v. E.P.A.

No. 99-2618.

266 F.3d 741 (2001)

State of WISCONSIN, Plaintiff-Appellant, v. ENVIRONMENTAL PROTECTION AGENCY and Christie Whitman, Defendants-Appellees, and Sokaogon Chippewa Community, Intervening Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 21, 2001.


Attorney(s) appearing for the Case

Thomas L. Dosch, Office of the Atty. Gen., Wisconsin Dept. of Justice, John S. Greene (argued), Dept. of Justice, Madison, WI, for State of Wisconsin.

William J. Lipscomb, Office of the U.S. Atty., Milwaukee, WI, Andrew C. Mergen (argued), Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for Environmental Protection Agency and Carol M. Browner.

Guy C. Charlton, Milwaukee, WI, Glenn C. Reynolds (argued), Madison, WI, for Sokaogon Chippewa Community.

Harley R. Harris, Office of the Atty. Gen., Helena, MT, for State of Montana.

Bill Prior, Office of the Atty. Gen., Montgomery, AL, for State of Alabama.

Ken Salazar, Office of the Atty. Gen., Denver, CO, for State of Colorado.

Frankie Sue Del Papa, Office of the Atty. Gen., Carson City, NV, for State of Nevada.

Mark Barnett, Office of the Atty. Gen., Pierre, SD, for State of South Dakota.

Paul G. Kent, Davis & Kuelthau, Madison, WI, for Brown County, Outgamie County, City of Green Bay, City of Depere, and Village of Ashwaubenon.

Mark B. Rooney, Kramer, Ott, Curtes & Rooney, Mt. Horeb, WI, for Town of Nashville, Town of Ainsworth, Town of Wolf River and Town of Langlade.

Charles F. Webber, Faegre & Benson, Minneapolis, MN, for Grand Portage Band of Chippewa Indians.

Marc D. Slonim, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, WA, for Little River Band of Ottawa Indians, et al.

Henry M. Buffalo, Jr., Jacobson, Buffalo, Schoessler & Magnuson, St. Paul, MN, for Saginaw Chippewa Indian Tribe of Michigan.

Before KANNE, DIANE P. WOOD, and WILLIAMS, Circuit Judges.


DIANE P. WOOD, Circuit Judge.

Although the general model of sovereignty suggests that different sovereign states normally occupy different geographic territories, see, e.g., Restatement (3d) of the Foreign Relations Law of the United States, § 201 (1986), the existence of federations and confederations shows that overlapping sovereignty is also a common feature of modern political organization. In this case, we confront one of the more complex kinds of...

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