ROSEBUD SIOUX TRIBE v. McDIVITT

No. 00-2468, 00-2471.

286 F.3d 1031 (2002)

ROSEBUD SIOUX TRIBE, a federally recognized Indian Tribe, Plaintiff-Appellant, Sun Prairie, a Nebraska general partnership, Plaintiff-Appellee, v. James H. McDIVITT, Acting Assistant Secretary for Indian Affairs, U.S. Department of the Interior; Gail A. Norton, Secretary of the Interior, U.S. Department of the Interior, Defendants, Concerned Rosebud Area Citizens, a South Dakota non-profit corporation; South Dakota Peace and Justice Center, an unincorporated association; Prairie Hills Audubon Society, a South Dakota non-profit corporation; Humane Farming Association, a California non-profit association, Intervenors-Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: April 5, 2002.


Attorney(s) appearing for the Case

Terry L. Pechota, argued, Rapid City, SD (Eric Antoine, on the brief), for appellant Rosebud Sioux Tribe.

James B. Dougherty, argued, Washington, DC, for appellants-intervenors.

Todd S. Kimm, argued, Washington, DC (James F. Simon, R. Anthony Rogers, E. Ann Peterson, Stephen Simpson, and Maria Wiseman, on the brief), for Federal appellants.

Gregory A. Fontaine, argued, Minneapolis, MN (Vernie C. Durocher, Jr., Charles M. Thompson, and Brent A. Wilbur, on the brief), for appellee.

Before WOLLMAN, Chief Judge, HANSEN and BYE, Circuit Judges.


BYE, Circuit Judge.

This case arises from the Rosebud Sioux Tribe's lease of land to Sun Prairie for construction of a pork production facility. Because the lease covers land included within the Rosebud Indian Reservation, the Bureau of Indian Affairs (BIA) had to review and approve the lease. Prior to approval, and because such constitutes federal action, the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-4370d, mandated preparation of an environmental...

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